The statute of limitations for filing a wrongful death lawsuit in court varies from state to state. However, all states have something in common. Specifically, if you do not file your case before the statute of limitations expires, then the defense will raise this argument when you file your lawsuit and your case will be dismissed without your being able to recover any damages for your significant loss.
Kentucky Statute of Limitations for Wrongful Death Cases
The statute of limitations for filing a Kentucky wrongful death lawsuit is usually one year from the date of the wrongful death.
If the cause of death is not discovered until later, however, the one year statute of limitations begins on the date of discovery. Here’s an example: A young man’s death is ruled an accident. Four years later, his parents are informed that the police found evidence proving that their son’s death was a murder. The one-year statute of limitations begins on the date his parents were told this new information.
In some cases, such as when a public entity is a defendant, there may be specific notice requirements that are required before the statute of limitations expires.
The rules regarding the statute of limitations for wrongful death can get complicated. It is important to remember that the legal time for filing a lawsuit is not a guideline. Instead, it is a deadline—and very few exceptions exist to extend the time for filing a claim.
Do not risk filing your claim too late. If your loved one’s death is attributable to another person, contact the Kentucky wrongful death lawyers at Gray and White Law immediately. Call us at 502-210-8942 or toll-free at 888-450-4456 and set up a FREE, no-obligation consultation.