Who can recover damages for a wrongful death caused by a medical malpractice mistake in Kentucky?

Request Your Free Consultation

The answer to your question depends on the relatives that the deceased had at the time of his death. Generally, the expenses of the person’s estate, such as funeral costs, are paid first. Then, the wrongful death recovery is distributed as follows in Kentucky:

  • If the person who died was married and had no children, the recovery goes to the surviving spouse.
  • If the person who died was married and had children, the one half of the recovery goes to the surviving spouse and one half goes to the children.
  • If the person who died had children and was not married then the recovery goes to the children.
  • If the person who died was not married and had no children, but did have surviving parent(s) then the recovery goes to the parent(s).
  • If the person who died was not married, had no children, and had no living parents, the recovery is made by the estate and distributed according to the laws of descent and distribution.

These rules are part of Kentucky statutory law.

For more information about your possible recovery after the death of a loved one, please contact an experienced Louisville wrongful death lawyer today for more information and to schedule a FREE consultation. Our attorneys welcome your inquiry via this website or by phone at 800.634.8767 or 502.210.8942. We will advise you of your rights and, if a wrongful death case is possible, we will fight hard for your fair and just recovery.