Kentucky Wrongful Death Lawsuits Involving a Child or Teen
Losing a child is one of the most difficult situations a parent can face. If a child or teen dies because of someone else’s mistake or intentional act, the pain runs deep. A wrongful death lawsuit may help you get answers and obtain accountability and compensation for your loss.
Satterley & Kelley, PLLC attorneys in Louisville get results. Clients from throughout Kentucky have recovered hundreds of millions of dollars in verdicts and settlements. If you have questions about wrongful death lawsuits, call us at (855) 385-9532 today.
Key Takeaway:
When a child or teen dies because of another party’s negligence or wrongful act, Kentucky law may allow both the child’s estate and parents to pursue compensation. Depending on the claim, damages may include funeral and medical expenses, lost future earning capacity, loss of the child’s love and companionship, and, in some cases, punitive damages.
How Many Children and Teens Die in Accidents Each Year?
Thousands of children die from accidents in the US each year. From 2010 to 2019, the estimated accidental death rate of those younger than 19 in the US was about 9.5 per 100,000 residents, reports an article in the Journal of Safety Research. The country has about 70.4 million residents younger than 18. If these figures are accurate, that means about 6,700 accidental deaths annually.
The Kentucky Cabinet for Health and Family Services 2025 Child Fatality Report states that 90 children ages 0 to 17 died from unintentional injuries in 2024. That same report lists the top causes of accidental child deaths as the following:
- 36.7% motor vehicle crashes
- 12.2% drowning
- 11.1% suffocation, strangulation, or asphyxiation
- 11.1% poisoning from ingesting or inhaling harmful substances
- 5.6% structure fires
- 4.4% firearm discharge
The number of accidental deaths is down from 123 in 2022.
When Can Negligence Cause a Child’s Accidental Death?
Most wrongful death lawsuits use negligence as a legal theory to put the blame on responsible parties and obtain compensation. If a person or company fails to act with reasonable care in a situation and that failure causes a child’s death, it may be negligence.
This means that someone had a legal duty of care to the child due to their relationship. They violated that duty by doing something inadequately or not at all, and their failure is the factual and legal cause of the death. Examples of negligence that could kill a child or teen include:
- A driver was texting, drunk, or otherwise distracted when their vehicle struck a child who was a pedestrian, on a bike, or in another vehicle
- A pool owner failed to install a fence or take other safety measures to prevent drowning
- A homeowner or adult left a loaded firearm where a child could find and fire it
- A company made, distributed, or sold a dangerous product that killed a child
- A school, camp, or organization failed to protect a child in its care from known dangers
- An adult left prescription drugs or other harmful substances where a child could reach them
How Many Children and Teens Are Murdered Each Year?
Murder is a leading cause of death among US children. A study of 38,362 homicides in the US of those aged 0 to 17 years from 1999 to 2020 found the murder rate in 2020 was 2.8 per 100,000 children. That year, 2,059 children were murdered, up sharply from 1,611 in 2019.
In Kentucky, the 2025 Kentucky Child Fatality Report shows that homicide was the sixth highest cause of all child and teen deaths in 2024, less than motor vehicle accidents, but higher than suicide. Thirty children and teens ages 0 to 17 were killed by homicide in 2024. From 2019 to 2024, that number ranged from 24 to 36 annually.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim. It may be filed by the personal representative of the deceased’s estate (the legal entity responsible for the deceased’s debts and assets) after someone dies because of a party’s negligent or wrongful act. The goal is to hold the responsible party accountable and obtain money damages to help the family cover their losses.
Possible damages in a wrongful death claim may include:
- Funeral and burial costs
- Medical bills from emergency care given before the child died
- The loss of the child’s future earning ability
- The loss of the child’s love and companionship
- Punitive damages may be awarded if the wrongdoer acted with extreme recklessness or they intentionally harmed the child
Money from a jury verdict or settlement would go to the estate, then normally go to the deceased’s next of kin. Parents can also sue on their own for the loss of the child’s support and companionship.
A wrongful death case is separate from a criminal case. In a criminal case, the other party could go to jail. In a civil case, the result is money paid to the estate. If a child is murdered, the estate (the plaintiff) may file a wrongful death lawsuit to seek compensation from the person or party responsible (the defendant). A defendant need not be criminally charged to be subject to a civil case claiming they intentionally killed the child.
If they are criminally charged, the civil case may be suspended while the criminal case proceeds. If they’re found guilty, or the person pleads guilty, they may be found liable in the civil case because the standard of proof in a criminal case is far higher than in a civil one.
What are Issues in Kentucky Wrongful Death Cases Involving Children and Teens?
Kentucky Revised Statute (KRS) 411.130 is our general wrongful death law. KRS 411.135 gives parents their own separate right to sue for the loss of their child’s love and companionship during the time from their death to when they would have turned 18.
Several important challenges come up in these cases:
- Time limits are strict. In Kentucky, wrongful death cases must be filed within one year of when an estate’s personal representative is appointed, or within two years of the date of death. If this deadline is missed, the right to sue is lost
- An award of the deceased’s expected future earnings is normally part of a wrongful death case. Children have no work history, and what they may have earned in the future is uncertain. Experts hired by the plaintiff will estimate how much a child would have earned over their lifetime. Defense attorneys will challenge those projections because there are relatively few facts to work with
- Kentucky doesn’t cap wrongful death damages, unlike many other states. A strong case with compelling evidence may lead to a significant recovery
- Depending on the facts, punitive damages may be available. If a defendant acted with extreme recklessness or on purpose, a jury may also award punitive damages. They are meant to punish the wrongdoer and deter similar conduct in the future
Frequently Asked Questions
- Can I file a wrongful death lawsuit in Kentucky if my child or teen was killed? The personal representative of the child’s estate may file a wrongful death lawsuit for the death of a child.
- How long do I have to file a Kentucky wrongful death case involving a child? One year from the date the child’s estate’s personal representative is appointed, but no more than two years from the date of the child’s death.
- What money can I recover in a wrongful death lawsuit for a child or teen? Depending on who’s filing the lawsuit, the plaintiff may recover funeral and medical costs, the child’s lost future earning ability, the loss of the child’s love and companionship, and, in cases of extreme recklessness or intentional harm, punitive damages.
- Do I need an attorney to file a wrongful death claim in Kentucky involving a child? If you’re the estate’s personal representative, you have an obligation to serve its interests. Filing a lawsuit without legal representation would put an estate at a serious disadvantage, which isn’t in the estate’s interests. You’d be participating in a complex legal action, and defense counsel will quickly and forcefully take advantage of your lack of knowledge and experience.
Contact Satterley & Kelley, PLLC for a Free Consultation
Satterley & Kelley, PLLC helps injured Kentucky residents and their families get the compensation they deserve. If your child or teen was killed due to negligence or an intentional act, our attorneys are ready to help you obtain the compensation and justice you deserve.
Contact us to schedule a free consultation. We can discuss your situation, how Kentucky law may apply, and your best options for moving forward. Call us at 855-385-9532, locally at 502-589-5600, or contact us online.