Wrongful death is defined legally as the death of a person, which results from the negligent or willful action of another person. Lawsuits can be filed against the party responsible, by the heirs of the decedent, or other beneficiaries. Statute governs this area of law, and the wrongful death statute of limitations draws a line marking the limits to which one can make such claims.
What is the statute of limitations for wrongful death in Kentucky?
A statute of limitations states the amount of time that can pass after the event in question, during which the plaintiff can file a claim. The wrongful death statute of limitations varies with each state. Sometimes the statute may even vary depending on the length of time, and the circumstances surrounding the death. For the ones at loss, to gain any recompense, they must proceed with litigation before the time limit given by the statute expires. Otherwise, the case may never be brought to trial again.
The time framed dictated by the statute in Kentucky
If the claim is not related to property damage, as in the case of wrongful death, the statute in the state of Kentucky dictates that charges must be brought to bear within a year of the date of discovery.
If the action was separate from the death
The time for filing a wrongful death lawsuit begins with the time of the death, as determined by the Supreme Court. The misconduct that resulted in the said death can be addressed separately, starting from the date of the malpractice.
What happens if you don’t file a claim within the stipulated time?
All courts in Kentucky, from the state court to the court of appeals and the Supreme Court, have called for strict adherence to the statute of limitations. If the plaintiff fails to bring the claim before a court within the stipulated time from the death in question, the appeal will be dismissed summarily. This is why, even though the heirs or descendants of the decedent may be suffering due to the loss of their loved ones, litigation must be begun within a year after the death.
This is some information on the statute governing wrongful death settlements in the state of Kentucky. As mentioned earlier, this law differs from state to state. Further information can be availed from online legal websites.Google+