IN KENTUCKY THE PERSONAL INJURY CLAIM SURVIVES THE DEATH OF THE ACCIDENT VICTIM
July 6, 2022
If a personal injury accident victim dies of a condition unrelated to the accident in Louisville, Lexington, Covington or any city in the commonwealth of Kentucky, the personal injury claim survives and is not extinguished by the death of the victim. A personal representative of the decedent can continue the personal injury claim. See KRS 411.140. Of course, if the accident victim dies of a condition related to the personal injuries suffered in the accident, then a wrongful death claim is created in addition to the personal injury claim. There are exceptions to this rule- claims for slander, libel, criminal conversation and malicious prosecution related to personal injury do not survive the death of the victim.
A wrongful death claim in Kentucky has a one-year statute of limitations, which is shorter than the personal injury auto accident statute of limitations-2 years from the date of the last PIP payment.
Whether you were injured as the result of the negligence of another in Lexington, Louisville, Covington or any other city in the commonwealth of Kentucky, I am ready to meet with you at your home and stay in close communication throughout the handling of your auto accident claim. If you need help with an auto accident claim, a motorcycle accident claim or a truck accident claim, contact the Troutman Law Office at 502-648-9507 or go to kyautoaccidentattorney.com and I will help you maximize your recovery. I have an office in Louisville and Lexington, Kentucky and handle auto accident cases over the entire state of Kentucky and Ohio.