In Kentucky, a wrongful death action is governed by KRS 411.130. The KRS says that whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. KRS 411.130 further states that, “if the act was willful or the negligence gross, punitive damages may be recovered.” The lawsuit must be brought by the personal representative of the deceased person.
Appointment of Personal Representative (Opening an Estate)
