Whether you’re working on a construction site or traveling through bluegrass country, there’s always the chance for an unexpected injury, or worse. In the event you lose a loved one as a result of an unexpected or a wrongful death, Kentucky’s wrongful death laws can help you pick up the pieces. It’s important to recognize, however, that this process is time sensitive because of its statute of limitations.
Before you can understand how the statute of limitations works for wrongful death claims in Kentucky, you need to understand what constitutes a wrongful death and how statutes of limitations work.
Defining Wrongful Death
A wrongful death occurs when the recklessness or negligence of a person or entity results in the death of another person. To prove a death was wrongful, the personal representative has to prove negligence, breach of duty, causation, and damages.
Negligence relates to the actions or inactions the guilty party took. Breach of duty has to do with the guilty party neglecting a duty owed to the deceased. For example, a driver is breaching their duty if they are texting and driving and cause an accident. Causation involves proving how the negligence led to death, and the damages are the calculated monetary value the family should receive as compensation.
Defining Statute of Limitations
Statutes of limitations are established at the federal and state level. They set the maximum time any person has to take legal action and file a lawsuit. Limits typically do not exist for serious crimes like murder.
It’s important to recognize that if that statute of limitations passes for your lawsuit and you choose to file, the court has the right to dismiss the case without reviewing it.
Wrongful Death Statute of Limitations in Kentucky
Unfortunately, there is not much time to file a wrongful death lawsuit in Kentucky. In most cases, the personal representative has only one year to file a wrongful death lawsuit after the death date; however, in the event of the discovery of relevant information regarding the death, the year begins on that day. A knowledgeable attorney will be able to help you understand and navigate the complex statute of limitations system.
Our Lexington wrongful death lawyers have years of experience handling sensitive claims like this. We understand the urgency of these cases and will work diligently on your behalf to seek the justice you deserve. Contact us with any questions you may have. We can provide a free consultation today.
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