Wrongful Death Complaint - Kentucky

IN THE [___] CIRCUIT COURT, COMMONWEALTH OF KENTUCKY

DIVISION ____

CIVIL ACTION NO. __________________

COMPLAINT FOR WRONGFUL DEATH, SURVIVAL, AND RELATED RELIEF

(Ky. Const. § 241; KRS § 411.130; KRS § 411.140; KRS § 411.145)

TABLE OF CONTENTS

1. Parties .......................................................................................... ¶¶ 1-3
2. Jurisdiction and Venue .......................................................... ¶¶ 4-8
3. General Allegations / Facts .................................................... ¶¶ 9-26
4. Count I – Wrongful Death (Ky. Const. § 241; KRS § 411.130) .............. ¶¶ 27-35
5. Count II – Survival Action (KRS § 411.140; KRS § 411.133) ............. ¶¶ 36-41
6. Count III – Loss of Consortium (KRS § 411.145) if applicable .... ¶¶ 42-48
7. Damages ................................................................................. ¶¶ 49-55
8. Prayer for Relief .................................................................... ¶¶ 56-58
9. Jury Demand .............................................................................. ¶ 59
10. Verification, CR 11 Certification & Signature Block ............................ p. ___
11. Exhibits ....................................................................................... p. ___

PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY], Kentucky, duly appointed Personal Representative of the Estate of [DECEDENT NAME] (the “Estate”) by Order of the [___] District Court (a nonadversarial probate matter under KRS § 24A.120(2); Kentucky's District Court has no separately named "Probate Division"), Case No. ____________, dated [DATE] (attached hereto as Exhibit A).
2. Decedent [DECEDENT NAME] (“Decedent”) was a resident of [COUNTY], Kentucky, and died on [DATE OF DEATH] as a direct and proximate result of Defendant(s)’ wrongful conduct alleged herein.
3. Defendant [DEFENDANT NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and may be served through its registered agent, [AGENT NAME & ADDRESS].

JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction under Ky. Const. § 112(5) and KRS § 23A.010 because the Circuit Court is a court of general jurisdiction, this is a tort action for wrongful death, and the amount in controversy exceeds the exclusive $5,000 jurisdictional ceiling of the District Court under KRS § 24A.120(1). This wrongful-death tort claim is not a probate matter and is not subject to any "Probate Division"; the appointment of the Personal Representative referenced in ¶ 1 is a separate, nonadversarial probate matter within the District Court's jurisdiction under KRS § 24A.120(2).
5. Personal jurisdiction is proper under Kentucky’s long-arm statute, KRS § 454.210, because Defendant(s) [transacted business / committed tortious acts] in Kentucky, and Plaintiff’s claims arise from said activities.
6. Venue is proper in this Court under KRS § 452.450 because the cause of action arose in [COUNTY], Kentucky.
7. All statutory prerequisites to filing this action have been satisfied or are inapplicable.
8. Plaintiff brings this action within the limitation period prescribed by KRS § 413.180(1): a wrongful-death action must be commenced within one (1) year after the qualification of the Personal Representative. If no personal representative has qualified within one year of Decedent's death, KRS § 413.180(2) deems the representative to have qualified on the last day of that one-year period, producing an outer limit of approximately two (2) years from the date of death.

GENERAL ALLEGATIONS / FACTS

9. On [DATE], at approximately [TIME], Decedent was located at [SCENE/ADDRESS/LOCATION].
10. Defendant(s) owed Decedent a duty of reasonable care, including but not limited to the duties articulated in [IDENTIFY STATUTES/REGULATIONS/COMMON-LAW DUTIES—e.g., traffic statutes, premises liability standards, product safety regulations].
11. Defendant(s) breached said duties by [SPECIFIC NEGLIGENT ACTS OR OMISSIONS].
12. As a direct and proximate result of Defendant(s)’ negligence, Decedent sustained severe injuries leading to death on [DATE OF DEATH].
13. Decedent experienced conscious pain and suffering from [DATE/TIME] until death.
14. Plaintiff timely notified Defendant(s) of Decedent’s injuries and death.
15. [Insert additional factual paragraphs (¶ 16-26) describing investigation, reports, expert findings, etc.]

COUNT I – WRONGFUL DEATH (Ky. Const. § 241; KRS § 411.130)

27. Plaintiff realleges and incorporates ¶¶ 1-26 herein.
28. Under Ky. Const. § 241 and its statutory implementation, KRS § 411.130(1), whenever a person's death 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; if the act was willful or the negligence gross, punitive damages may also be recovered. The action is prosecuted by the Personal Representative of the deceased.
29. Defendant(s)' acts and omissions constituted such wrongful acts and/or neglect.

30. The measure of compensatory damages recoverable under KRS § 411.130 is the destruction of Decedent's power to labor and earn money, determined by Decedent's life expectancy, health, age, character, and earning capacity at the time of death. Recoverable elements include, inter alia:
    a. Destruction of Decedent's power to labor and earn income (the principal measure of wrongful-death damages under Kentucky law);
    b. Punitive damages, where the act was willful or the negligence gross; and
    c. Funeral expenses and the costs of administration and recovery, including attorney fees, which are deducted from the gross recovery before distribution under KRS § 411.130(2), rather than recovered as separate compensatory elements.

31. Any award, after deduction of funeral expenses, administration costs, and recovery costs (including attorney fees) not otherwise recovered from Defendant(s), shall be distributed to the kindred of Decedent in the statutory priority order set out in KRS § 411.130(2)(a)-(e):
    • If Decedent leaves a spouse and no children, the whole to the surviving spouse;
    • If Decedent leaves a spouse and children, one-half to the surviving spouse and one-half to the children;
    • If Decedent leaves children but no spouse, the whole to the children;
    • If Decedent leaves no spouse or children, one moiety each to the surviving mother and father, or the whole to the surviving parent;
    • If Decedent leaves no spouse, children, or parents, the recovery becomes part of Decedent's personal estate, passing per the law of descent and distribution after payment of debts.
    Based on the facts alleged, the statutory beneficiaries are: [SPOUSE NAME] (spouse), [CHILD(REN) NAME(S)], [PARENT(S) NAME(S)] (if applicable).

32. Defendant(s)’ conduct directly and proximately caused Decedent’s death and the resulting damages.

33. Defendant(s) are jointly and severally liable to Plaintiff and the statutory beneficiaries.
34. Plaintiff seeks all damages allowed by law, including punitive damages. No statutory or common-law cap limits the compensatory damages recoverable in this action; Ky. Const. § 54 expressly prohibits the General Assembly from limiting the amount recoverable for injuries resulting in death.
35. Plaintiff reserves the right to amend this Complaint to conform to proof.

COUNT II – SURVIVAL ACTION (KRS § 411.140; KRS § 411.133)

36. Plaintiff realleges and incorporates ¶¶ 1-35 herein.
37. KRS § 411.140 provides that no right of action for personal injury ceases or dies with the person injured, except for slander, libel, criminal conversation, and the personal-injury portion of malicious prosecution; the action may be brought or revived by the Personal Representative. KRS § 411.133 further authorizes the Personal Representative to recover, in this same action, for both the wrongful death of Decedent and for the personal injuries Decedent suffered before death, including all elements of damages in both a wrongful-death action and a personal-injury action.
38. Decedent suffered conscious pain and suffering, medical expenses, and related special damages during the period between injury and death.
39. Defendant(s)’ negligence was a direct and proximate cause of these injuries.
40. Plaintiff seeks all damages recoverable under KRS §§ 411.140 and 411.133, including but not limited to pre-death pain and suffering, medical bills, and lost wages prior to death. Unlike the wrongful-death recovery under Count I, any recovery under this Count passes through Decedent's estate and is subject to the claims of estate creditors before distribution to heirs or devisees.
41. Plaintiff further seeks punitive damages to deter similar conduct, to the extent Defendant(s)' conduct was willful or grossly negligent.

COUNT III – LOSS OF CONSORTIUM (KRS § 411.145) (if applicable)

42. Plaintiff realleges and incorporates ¶¶ 1-41 herein.
43. [CONSORTIUM PLAINTIFF], as lawful [SPOUSE/CHILD] of Decedent, enjoyed the services, assistance, aid, society, companionship, and (if a spouse) conjugal relationship of Decedent.
44. As a result of Defendant(s)’ wrongful conduct, [CONSORTIUM PLAINTIFF] has been permanently deprived of said consortium.
45. KRS § 411.145 provides a spouse a separate cause of action for loss of consortium damages against a third party whose negligent or wrongful act caused the loss; Kentucky courts have recognized that a spousal consortium claim survives the death of the injured spouse rather than terminating at death. Where the consortium claimant is a surviving minor child or parent of a deceased minor child, the claim instead arises under KRS § 411.135 and controlling Kentucky case law (e.g., Giuliani v. Guiler, 951 S.W.2d 318 (Ky. 1997)).
46. Defendant(s) are liable for all damages arising from this statutory claim, including but not limited to loss of affection, care, assistance, and household services.
47. [CONSORTIUM PLAINTIFF] has complied with the procedural requirements for asserting this claim, including the applicable one-year limitation period under KRS § 413.140(1)(a).
48. Plaintiff demands judgment accordingly.

DAMAGES

49. Plaintiff repeats and realleges ¶¶ 1-48.

50. Plaintiff seeks damages in an amount to be proven at trial, including:
    a. Funeral and burial expenses;
    b. Medical expenses related to Decedent’s last illness/injury;
    c. Loss of Decedent’s earning capacity and future income;
    d. Pain and suffering endured by Decedent prior to death;
    e. Loss of consortium damages (if applicable);
    f. Statutory interest;
    g. Punitive damages due to willful, wanton, or grossly negligent conduct;
    h. Costs of this action and reasonable attorney fees as allowed by law.

51. Plaintiff expressly pleads any recoverable prejudgment and post-judgment interest.

52. No statutory or common-law cap on compensatory damages exists under current Kentucky law; Ky. Const. § 54 affirmatively prohibits the General Assembly from limiting the amount recoverable for injuries resulting in death or for injuries to person or property. Punitive damages, if awarded, shall comport with constitutional and statutory standards, including KRS § 411.184 and 411.186.
53. Plaintiff reserves the right to supplement the damages claim after discovery.
54. All damages shall be allocated pursuant to KRS § 411.130(2).
55. Plaintiff requests a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

56. Enter judgment in favor of Plaintiff and against Defendant(s), jointly and severally, for all compensatory, punitive, and statutory damages proved at trial;
57. Award costs, reasonable attorney fees, and statutory interest; and
58. Grant such other and further relief as the Court deems just and proper.

JURY DEMAND

59. Pursuant to Section 7 of the Kentucky Constitution and CR 38, Plaintiff hereby demands a trial by jury on all issues so triable.

VERIFICATION AND CIVIL RULE 11 CERTIFICATION

I, [PLAINTIFF NAME], being the duly appointed Personal Representative of the Estate of [DECEDENT NAME], verify under penalty of perjury that I have read the foregoing Complaint, know the contents thereof, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PLAINTIFF NAME], Personal Representative

Date: __________________________

Counsel for Plaintiff certifies pursuant to Kentucky Civil Rule 11 that the foregoing Complaint is filed in good faith, is well grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

SIGNATURE BLOCK

Respectfully submitted,

________________________________________
[ATTORNEY NAME] (KBA No. ______)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], KY [ZIP]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]

Counsel for Plaintiff

EXHIBITS

Exhibit A – Letters Testamentary / Order Appointing Personal Representative
Exhibit B – Death Certificate
Exhibit C – [Accident/Incident Report]
Exhibit D – [Medical Records Summary]