What if the only survivors are children who are minors? Can they sue for wrongful death in Kentucky?
The Kentucky wrongful death statute has specific provisions regarding recovery on behalf of a minor. The statute determines who is able to receive benefits and if the only benefits that are payable to a minor, then they are allowed by the wrongful death statute. Typically what we do in those cases is obtain court approval of the settlement which is required and normally put that money in a trust, a block account, or annuity to benefit the child once they turn eighteen years of age.