Wrongful Death of Minor-No Claim Allowed by Parent who Abandons Care of Child

In 2000, Kentucky adopted the Mandy Jo Law, which in its simplest form says that if a parent has abandoned the care or maintenance of a child, then they forfeit the right to make a wrongful death on behalf of the minor. See KRS 411.137. The statute uses the term “willfully abandoned the care and maintenance of his or her child.” It also provides 2 exceptions. The first is where the parent resumes care and maintenance within one year prior to the child’s death or parent had been deprived of custody by order of a court and parent had “substantially complied with all orders of the court requiring contribution to support of the child.”

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 www.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.

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