Change in Kentucky Wrongful Death Law Would Allow Spousal Consortium

Daryl Dixon

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A recent bill sponsored by Republican Robert Stivers could change Kentucky Wrongful Death Law.

Stivers bill would allow for Spouses of those killed in a Kentucky Wrongful Death to recover for loss of Companionship (Consortium). Kentucky is one of four states that do not allow for a Spousal Claim for Loss of Companionship in a Wrongful Death Lawsuit. Kentucky does recognize damage claims for Loss of Consortium in injury cases but not Wrongful Death Cases.

Last year a similar bill cruised throught the Democratic Kentucky House only to be thwarted by the Republican State Senate. This year a similar bill is in the House but problems with its retroactivity have left it stalled.

The source of this bill was suprising to many. However, it was spurred by the Comair Flight 5191 crash that woke up Stivers to the bills necessity.