Kentucky Complaint for Negligence and Wrongful Death

State:
Multi-State
Control #:
US-PI-0185
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
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  • Preview Complaint for Negligence and Wrongful Death
  • Preview Complaint for Negligence and Wrongful Death
  • Preview Complaint for Negligence and Wrongful Death
  • Preview Complaint for Negligence and Wrongful Death

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FAQ

In Kentucky, the statute of limitations for a wrongful death claim is one year from the date of the wrongful death. However, if the cause of death is not discovered until later, the one-year time limit begins to run on the date of discovery.

Under Kentucky law, a personal representative may recover losses that include: Medical bills from before the death. Burial and funeral expenses. Loss of financial support.

For personal injury actions in Kentucky, the statute of limitations is generally only one year from the date of the accident or injury, or from the date the injury was discovered. This is a relatively short SOL compared to other states in the country.

You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?

(b) If the deceased leaves a widow and children or a husband and children, then one-half (1/2) to the widow or husband and the other one-half (1/2) to the children of the deceased. (c) If the deceased leaves a child or children, but no widow or husband, then the whole to the child or children.

If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.

In a typical Kentucky wrongful death case, the court will award damages as follows: The deceased person's estate will receive compensation for funeral expenses, administration costs, and any attorneys' fees. Surviving family members will receive the remainder of the damages awarded.

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Kentucky Complaint for Negligence and Wrongful Death