Kentucky Wrongful Death Damages Calculator

Kentucky's constitution bars a cap on wrongful death damages, the same as ordinary injury. And when the deceased leaves a spouse, that spouse is guaranteed by statute to receive at least half of whatever the family recovers.

Cited to Kentucky statutes & the state constitution FigureMyTax Editorial Team Free · no sign-up

Estimate the wrongful death claim

Enter economic losses, pick a noneconomic severity level, and the decedent's own share of fault, if any.

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Estimated total claim
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No cap, and a guaranteed spousal share

Section 54 of the Kentucky Constitution bars a cap on wrongful death damages, the same protection that keeps ordinary injury damages uncapped. Under KRS 411.130, the recovery passes to the kindred of the deceased as provided by law — but the surviving spouse is guaranteed at least one-half of the recovery, regardless of how many other kindred are also entitled to share.

Kentucky also maintains a separate survival claim under KRS 411.140: the decedent's own pre-death personal injury claim doesn't cease at death, and can be pursued by the estate as a distinct action alongside the wrongful death claim. On fault, Kentucky's pure comparative negligence rule applies — even significant fault by the decedent reduces, but never bars, the recovery.

Injured in Kentucky?

A local personal injury attorney can review your claim — many offer a free consultation.

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Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Kentucky statutes and constitution. Confirm how these rules apply to your specific case with a licensed Kentucky attorney.