Statute of Limitations: Wrongful death cases must be filed within 2 years of the date of death, but no later than one year from the appointment of the executor or administrator in probate court. In Kentucky, a wrongful death case must be brought by the Executor or Administrator of the decedent's estate.
Damages Recoverable: Damages in a wrongful death case are limited to the lost earning power of the decedent, funeral bills, plus personal injury damages incurred prior to death (pain and suffering, medical expenses, etc). Kentucky law does not allow compensation for "loss of enjoyment of life."
Loss of Consortium: A minor child has a separate claim for loss of parental consortium (services and affection). A surviving spouse has a separate claim for loss of spousal consortium. Due to the limited damages recoverable in a wrongful death claim, sometimes the loss of consortium claim(s) have greater value.
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