Wrongful Death Demand Letter - Kentucky

DEMAND FOR SETTLEMENT - WRONGFUL DEATH

COMMONWEALTH OF KENTUCKY

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Kentucky ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the Commonwealth of Kentucky

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Claims Representative / Risk Management / Defendant]
[Insurance Company / Entity Name]
[Street Address]
[City, State ZIP]

RE: WRONGFUL DEATH CLAIM - SETTLEMENT DEMAND
Decedent: [Decedent Full Name]
Date of Death: [Date of Death]
Date of Incident: [Date of Incident, if different]
Personal Representative: [Personal Representative Name]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Personal Representative Name], as Personal Representative of the Estate of [Decedent Name], deceased, regarding the wrongful death of [Decedent Name], who died on [Date of Death] as a direct and proximate result of [describe cause - e.g., "a motor vehicle collision caused by your insured," "medical negligence," "a dangerous condition on your insured's property," etc.].

This letter constitutes our formal demand for settlement of the wrongful death claim arising from this tragedy.

I. KENTUCKY WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - KRS Section 411.130

This wrongful death claim is brought pursuant to Kentucky Revised Statutes Section 411.130, which provides:

"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..."

Kentucky Constitution Section 241 separately guarantees recovery when death results from injury inflicted by negligence or wrongful act and authorizes the General Assembly to direct who receives the recovery.

B. Who May Bring the Action

Under KRS Section 411.130(1), the action must be brought by the personal representative of the decedent.

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [District Court for [County] County, Kentucky]
Estate No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]

KRS 24A.120 places nonadversarial probate matters in District Court. The later wrongful-death tort action ordinarily proceeds separately in a court with civil jurisdiction over the claim.

C. Beneficiaries

Under KRS Section 411.130, the recovery is for the benefit of:

Distribution under KRS 411.130(2), after the deductions stated in the statute:

• Spouse and no children or descendants: all to the spouse.
• Spouse and children: one-half to the spouse and one-half to the children.
• Children and no spouse: all to the children.
• No spouse or child: to the mother and father equally if both live, or all to the survivor; adoptive parents are used for an adopted decedent.
• No spouse, child, or living parent: the recovery becomes personal-estate property, with the remainder after debts passing to more remote kindred under descent and distribution law.

D. Statute of Limitations

Kentucky deadlines must be derived from the underlying claim and KRS 413.180 rather than from a universal death-date rule.

• KRS 413.140: Listed personal-injury and professional-negligence actions generally have a one-year period, with a discovery/outer-limit rule for subsection (1)(e) medical claims. A revised version becomes effective July 15, 2026, but the relevant one-year personal-injury and medical provisions remain.
• KRS 413.180(1): If a person entitled to bring a listed action dies before its period expires and the claim survives, the personal representative may bring it after the original period expires if commenced within one year after qualification.
• KRS 413.180(2): If death occurs before the right would have accrued and qualification is delayed more than one year after death, the representative is deemed qualified on the last day of that first year for Chapter 413 purposes.

• No flat motor-vehicle rule: KRS 413.180 does not create an across-the-board two-year-from-death period. Check every Motor Vehicle Reparations Act, governmental, construction, malpractice, and other special provision separately.

• Date of Death: [Date of Death]

• Personal Representative Appointed: [Date]
• Limitations Period Expires: [Expiration Date]

E. Survival Action - KRS Section 411.140

KRS 411.140 provides that rights of action for personal injury or injury to property do not cease with the injuring or injured person, subject to its express exceptions for slander, libel, criminal conversation, and the personal-injury portion of malicious prosecution. The personal representative may bring or revive an otherwise preserved claim. Identify the underlying cause, its accrued damages, its proof, and its own deadline rather than assuming every category below is available.

Underlying surviving claim: [CAUSE OF ACTION, AUTHORITY, ACCRUAL, DAMAGES, AND EVIDENCE]

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this claim, including but not limited to:

• All evidence relating to the incident causing death
• All documents, photographs, and recordings
• Electronic data, including EDR/black box data (vehicle cases)
• Surveillance footage
• Communications with your insured regarding the incident
• Complete claims file and investigation materials
• All applicable insurance policies
• Prior claims or incidents involving your insured
• [Add case-specific evidence items]

Please suspend routine destruction and preserve the listed materials in their original form. This request does not predict a sanction, adverse inference, or separate cause of action; any remedy depends on the governing duty, evidence, prejudice, and court findings.

III. STATEMENT OF FACTS

A. The Decedent - [Decedent Name]

[Decedent Name] was a [Age]-year-old [describe decedent - occupation, family role, community involvement]:

Personal Background:

• Date of Birth: [DOB]
• Age at Death: [Age]
• Residence: [City], Kentucky
• Occupation: [Occupation/Employer]
• Annual Income: $[Amount]
• Education: [Education level]

Family:

• Spouse: [Name], married [years]
• Children: [Names and ages]
• Parents: [Names, if surviving]
• [Other relevant family information]

Character and Standing in the Community:
[Describe the decedent's character, community involvement, and relationships]

B. The Incident Causing Death

On [Date], at approximately [Time], [describe the incident with specificity]:

[Detailed factual description of the incident, the defendant's conduct, and how it caused the decedent's death]

C. The Death

[Decedent Name] [died at the scene / was transported to [Hospital] where [he/she] died / survived for [time period] before succumbing to injuries].

If Survival Period:

From the time of injury until death, a period of [time period], [Decedent Name]:

• Was conscious and aware of [his/her] injuries
• Suffered extreme physical pain from [injuries]
• [Describe other suffering during survival period]

Document these facts for counsel's KRS 411.140 and underlying-claim analysis. Do not assume a damages category without current authority and supporting evidence.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Identify the evidence supporting the underlying duty or other legal obligation, breach or wrongful act, causation, and damages. KRS 411.130 applies when death results from injury inflicted by another's negligence or wrongful act.]

Elements of Negligence:

1. Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]

2. Breach: [Defendant] breached this duty by:
   - [Describe specific breaches with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent Name]'s death resulted in damages recoverable under Kentucky law

B. Statutory or Regulatory Theory (If Applicable)

[Identify the exact current statute or regulation, protected class, required conduct, evidence of violation, causation, and Kentucky authority supporting the proposed theory. Delete this subsection if counsel has not completed that analysis.]

C. Fault Allocation

Current KRS 411.182 directs the factfinder to allocate total fault among the claimant, defendants, third-party defendants, and released persons and directs the court to state each party's equitable share in accordance with those percentages. The final enacted text of 2026 Ky. Acts ch. 97 does not amend KRS 411.182.

[Decedent Name] Was Not At Fault:

[State the supported comparative-fault position. Relevant conduct includes:]

• [Describe lawful, careful conduct]
• [Additional evidence of due care]
• [Explain why decedent had no opportunity to avoid the harm]

V. DAMAGES

A. Separate the Claims

Do not combine distinct recoveries:

1. KRS 411.130 wrongful-death claim: the personal representative seeks damages for the death. Subsection (2) controls deductions and distribution.
2. KRS 411.140 surviving claim: the personal representative pursues a preserved cause of action held by the decedent, subject to the statute's exceptions and the underlying claim's damages and deadline.
3. KRS 411.135 parental claim: only when the decedent was a minor child; surviving parent(s) may recover loss of affection and companionship during the child's minority.
4. KRS 411.145 spousal-consortium claim: either spouse may recover loss of consortium caused by a third person's negligent or wrongful act. The statute defines consortium as services, assistance, aid, society, companionship, and the conjugal relationship. Confirm current authority for the claimed post-death period and avoid duplication.

Do not label companionship a universal KRS 411.130 category for every spouse, child, and parent.

B. KRS 411.130 Wrongful-Death Valuation

KRS 411.130 authorizes damages for death but does not enumerate the compensatory measure in its text. Insert only categories supported by current Kentucky appellate authority, the facts, and admissible proof.

C. KRS 411.140 Surviving Claim

D. Relationship-Specific Claims

KRS 411.135 — Minor Child:

KRS 411.145 — Spousal Consortium:

E. Funeral, Administration, and Recovery Costs

KRS 411.130(2) directs that funeral expenses, administration cost, and recovery costs including attorney fees—when not included in the recovery from the defendant—are deducted before distribution. Document the amount, payer, lien or reimbursement status, and legal basis before including or allocating any item.

F. Punitive Damages — Claim-Specific Screen

KRS 411.130(1) states that punitive damages may be recovered if the act causing death was willful or the negligence gross. KRS 411.184 separately states proof and principal/employer requirements for punitive damages, and KRS 411.186 supplies assessment factors. Before demanding punitive damages, reconcile those provisions with current Kentucky constitutional and appellate authority and identify clear-and-convincing evidence supporting the exact theory.

Punitive theory and evidence: [AUTHORITY, CONDUCT, PROOF, AND AMOUNT]

G. No Legislative Damages Ceiling

Kentucky Constitution Section 54 states that the General Assembly has no power to limit the amount recovered for injuries resulting in death or injury to person or property. This does not eliminate immunity, coverage limits, evidentiary requirements, or claim- and defendant-specific defenses.

H. Summary of Selected Damages

VI. SETTLEMENT DEMAND

A. Demand Amount

Based on the liability evidence and legally supported claims summarized above, we demand:

$[DEMAND AMOUNT]

[OR - Policy Limits Demand:]

TENDER OF ALL AVAILABLE POLICY LIMITS, INCLUDING:

• Primary liability policy: $[Amount]
• Umbrella/Excess policy: $[Amount]
• Any additional coverage: $[Amount]
• TOTAL LIMITS DEMANDED: $[Amount]

B. Distribution of Recovery

Apply KRS 411.130(2)'s exact branch after deducting the funeral, administration, and recovery costs described in that subsection. Do not treat a relationship-specific KRS 411.135 or KRS 411.145 claim as part of the KRS 411.130 distributive fund without current authority.

C. Time for Response

Please provide a written response by [DATE AND TIME, WITH TIME ZONE]. Select the response period from the record, delivery method, investigation needs, policy information, and approaching deadlines. This response date does not toll a limitation period or create an automatic waiver, bad-faith claim, or excess-liability consequence.

VII. POLICY-LIMITS NOTICE

The supported damages may exceed available policy limits. Please identify potentially applicable coverage as permitted, evaluate this demand promptly, and communicate it and any limits issue to your insured. This paragraph does not assert a separate extra-contractual claim.

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters Testamentary / Letters of Administration
• Medical records and bills (pre-death treatment)
• Autopsy report (if applicable)
• Funeral and burial expense receipts
• Police/incident report
• Witness statements
• Photographs
• Proof of earnings/income documentation
• [Other case-specific documentation]

IX. CONCLUSION

The evidence described above supports [Defendant's] responsibility for [Decedent Name]'s death and the selected claims. [State the supported fault-allocation position.]

[Decedent Name] was a [describe decedent's value and the loss to family and community]. [His/Her] death has devastated [his/her] family and deprived them of [his/her] love, support, and companionship.

We invite a prompt, evidence-based effort to resolve the matter. If it cannot be resolved, the personal representative will evaluate available remedies, procedural prerequisites, venue, and all applicable deadlines with Kentucky counsel.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Kentucky Bar Association No. [Number]
Attorney for the Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Personal Representative]
File: [Matter / File Number]

KENTUCKY-SPECIFIC PRACTICE NOTES

Critical Kentucky Wrongful Death Considerations:

1. DEADLINE IS CLAIM-SPECIFIC: Derive the underlying period from KRS Chapter 413 and then apply KRS 413.180 only if its conditions are met. Do not use a universal one-year-from-death or two-year-motor-vehicle rule.

2. PERSONAL REPRESENTATIVE REQUIRED: KRS 411.130 requires the personal representative to prosecute the wrongful-death action. Nonadversarial probate appointment belongs in District Court under KRS 24A.120, not a fictional Circuit Court probate division.

3. FAULT ALLOCATION: Current KRS 411.182 allocates fault and directs percentage-based equitable shares. It contains no greater-than-50% claimant-fault bar.

4. DISTRIBUTION HAS FIVE BRANCHES: Apply KRS 411.130(2)(a)-(e) exactly. A spouse receives all when no child or descendant survives and one-half when children survive.

5. CONSTITUTIONAL LIMIT: Kentucky Constitution Section 54 forbids legislative limits on the amount recovered for injury or death. Still analyze immunity and claim- or defendant-specific law.

6. COMPANIONSHIP IS NOT UNIVERSAL: KRS 411.135 addresses surviving parents after a minor child's death; KRS 411.145 addresses spousal consortium. Do not insert the same category for every KRS 411.130 beneficiary.

7. PUNITIVE DAMAGES: KRS 411.130(1) expressly addresses a willful act or gross negligence. KRS 411.184 and 411.186 contain additional punitive provisions. Reconcile all current authority before pleading an amount.

8. MEDICAL MALPRACTICE: Current KRS 411.167 requires a certificate of merit with covered complaints, subject to its alternatives and exceptions. The final enacted text of 2026 Ky. Acts ch. 97 does not amend KRS 411.167.

SOURCES AND REFERENCES

• Kentucky Constitution Section 241 — recovery for wrongful death
• Kentucky Constitution Section 54 — no restriction on recovery for injury or death
• KRS 411.130 — wrongful death and distribution
• KRS 411.140 — survival of actions
• KRS 411.135 — parental affection and companionship after death of a minor
• KRS 411.145 — spousal consortium
• KRS 411.182 — current fault allocation
• KRS 411.184 — punitive-damages definitions and proof
• KRS 411.186 — punitive-damages assessment
• KRS 413.140 — one-year listed actions and medical accrual
• KRS 413.140 — version effective July 15, 2026
• KRS 413.180 — representative extension
• KRS 24A.120 — District Court probate jurisdiction
• KRS 411.167 — current medical-malpractice certificate of merit

This template must be customized by a licensed Kentucky attorney after checking the governing claim, claimant, deadline, distribution branch, and effective date.