Louisville, Kentucky
Losing a parent or grandparent is hard enough. Learning that the death may have been caused by neglect in a nursing home is worse. Infections that weren't treated, bed sores that turned septic, falls without supervision, choking, dehydration and medication errors can all lead to a nursing home wrongful death.
Kentucky law lets the estate hold the facility accountable, and the rules about who files, when, and who shares the recovery are specific. Here's how they work.
Key takeaways
Under KRS 411.130, a wrongful death action is brought by the personal representative of the estate. The recovery is then shared in the order the statute sets: a surviving spouse and children first, then parents, then the rest of the estate. Funeral and burial costs and the costs of the case come off the top. Our guide to Kentucky wrongful death settlement distribution walks through it.
A separate survival claim can recover for the resident's own pain and suffering and medical bills before death. And because KRS 216.515 gives residents a right to sue for violations of their rights, those claims can be part of the case too. If you suspect neglect now, see what to do about nursing home neglect.
An autopsy, where possible, can be important evidence. Ask about it early.
Many admission packets include an arbitration agreement. Whether it binds the estate or the family depends on who signed it and what authority they had. In Kindred Nursing Centers v. Clark (2017), the U.S. Supreme Court struck down a Kentucky rule that treated arbitration agreements signed under a power of attorney differently, so these clauses are taken seriously. Bring us the admission paperwork and we'll review it.
A personal representative generally has one year after appointment to file if the person died before their own one-year deadline ran (KRS 413.180). Waiting to open the estate doesn't buy unlimited time, so talk to a lawyer early. See our Kentucky statute of limitations guide and our main wrongful death lawyer page.
Yes. The personal representative of the estate can bring a wrongful death claim under KRS 411.130 when neglect or abuse caused the death.
The statute sets the order: generally a surviving spouse and children first, then parents, then the estate. Funeral costs and case costs are paid first.
Usually one year after the personal representative is appointed, if the person died before their own deadline ran, under KRS 413.180. Don't wait to get advice.
Sometimes. It depends on who signed it and their authority. We review the admission paperwork to find out.
We'll listen, get the records and tell you honestly whether the facility is responsible. Free and confidential. Get a free case evaluation or call (502) 931-6788. No fee unless we win.
This page is general information about Kentucky law as of October 2026, not legal advice.
