Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Kentucky, wrongful death claims are governed by the Kentucky Revised Statutes (KRS). According to KRS 411.130, a wrongful death occurs when a person dies as a result of an injury inflicted by the negligence or wrongful act of another. The statute allows for a civil lawsuit to be filed by the personal representative of the deceased person's estate. The damages recovered in a wrongful death lawsuit are distributed to the surviving family members as specified by the statute, which typically includes the deceased's spouse, children, and sometimes parents or the estate itself if there are no direct survivors. The damages may include compensation for lost wages, loss of companionship, funeral expenses, and other related costs. It is important for those considering a wrongful death claim in Kentucky to consult with an attorney to understand the specific nuances of the state's laws and to ensure that the claim is filed within the statute of limitations, which is generally one year from the date of the decedent's death.