Wrongful Death of Minor- Extra Claim for Damages
Sept. 13, 2022
In Kentucky, a wrongful death of a minor claim includes a claim for “loss of affection and companionship that would have been derived from the child during his or her minority.” See KRS 411.135. Many people do not realize that in a wrongful death claim, there is no pain and suffering claim unless it is proven that the decedent survived for a period of time after their injury and this claim is a personal injury claim and not a wrongful death claim. In Kentucky, like most other states, the wrongful death claim is limited to lost income and medical expenses and punitive damages if there is gross negligence. See KRS 411.130. A spouse can make a claim for loss of consortium, but this is a claim separate from the wrongful death claim. See KRS 411.145.
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.