Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, whether caused by a reckless driver, a negligent employer, a dangerous property, or a defective product, the law provides a path for families to hold the responsible party accountable.
Kentucky law (KRS 411.130) allows the personal representative of the deceased’s estate to file a wrongful death claim. The statute of limitations runs one year from the appointment of the personal representative, not from the date of death, but families should still act quickly. Kentucky does not cap wrongful death damages, compensatory or punitive, allowing full recovery based on the evidence.
At Monge & Associates Injury and Accident Attorneys, our Louisville wrongful death lawyers have recovered over $1 billion for injury victims and their families since 1993. The call is free, and you pay nothing unless we win.
If you lost a loved one due to negligence in Louisville or anywhere in Jefferson County, speak with our legal team at (502) 286-1080.
Monge & Associates Injury and Accident Attorneys — 1941 Bishop Lane, Suite 705, Louisville, KY 40218 · (502) 286-1080
Kentucky Wrongful Death Law
Who Can File: The personal representative of the deceased’s estate files the claim. If no personal representative has been appointed, one must be designated by the court.
Statute of Limitations: One year from the appointment of the personal representative (KRS 413.180). This is different from the date of death, but delays in appointing a representative can still jeopardize the claim.
Types of Damages: Kentucky allows recovery of both compensatory and punitive damages in wrongful death cases. This includes lost income and earning capacity, loss of companionship and consortium, funeral and burial expenses, medical expenses incurred before death, pain and suffering the deceased experienced before death, and punitive damages when the defendant acted with oppression, fraud, or malice.
No Damage Caps: Kentucky does not impose statutory caps on compensatory or punitive damages in wrongful death cases.
Common Causes of Wrongful Death in Louisville
Car and Truck Accidents
Motor vehicle accidents remain the leading cause of wrongful death claims. Kentucky recorded 707 traffic fatalities statewide in 2024.
Workplace Accidents
UPS Worldport and the surrounding logistics and warehouse district, the bourbon distillery industry (including Falls City and the Urban Bourbon Trail), construction sites across the metro’s development corridors, and healthcare facilities present specific workplace fatality risks. Wrongful death claims may be brought against third parties whose negligence contributed to the death.
Medical Malpractice
Surgical errors, misdiagnosis, delayed treatment, and medication errors at Louisville area hospitals and medical facilities.
Premises Liability
Fatal falls, drownings, electrocutions, and other incidents caused by unsafe property conditions.
Defective Products
Products with design or manufacturing defects causing fatal injuries.
Compensation Available in Louisville Wrongful Death Cases
Economic Damages: Lost future income, medical expenses before death, funeral and burial expenses. No cap.
Non-Economic Damages: Loss of companionship, consortium, and parental guidance. No cap.
Punitive Damages: When the defendant acted with oppression, fraud, or malice. No cap.
Louisville Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Kentucky?
One year from the appointment of the personal representative of the deceased’s estate (KRS 413.180).
Who can file a wrongful death claim in Kentucky?
The personal representative of the deceased’s estate. Our attorneys can assist with the probate process if needed.
Does Kentucky cap wrongful death damages?
No. Kentucky does not impose caps on compensatory or punitive damages in wrongful death cases.
Where will my Louisville wrongful death case be heard?
Most cases are heard in the Jefferson Circuit Court, part of the Thirtieth Judicial Circuit.
Related Louisville Legal Resources
Explore more from our Louisville team: Louisville Personal Injury Lawyer · Kentucky Personal Injury Lawyer
Louisville Car Accident Lawyer · Louisville Truck Accident Lawyer · Louisville Slip and Fall Lawyer · Louisville Motorcycle Accident Lawyer
Our Louisville Office
Monge & Associates Injury and Accident Attorneys serves injury victims from our Louisville office in Jefferson County. Visit us in person or call for a free consultation.
1941 Bishop Lane, Suite 705
Louisville, KY 40218
Local: (502) 286-1080
Contact a Louisville Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If your family lost a loved one due to negligence in Louisville, the team at Monge & Associates Injury and Accident Attorneys is here to help. Kentucky’s no-cap damages framework means full accountability is possible.
Call us today at (502) 286-1080, or contact us online for a free consultation.