EKB News

The Kentucky Supreme Court has ruled 7-0 that a widowed spouse can sue for damages related to loss of physical and emotional companionship in wrongful death cases. The ruling overturned a long-standing precedent which denied spouses the ability to collect legal damages in such cases. Under Kentucky law, a spouse can sue for loss of consortium if their spouse is permanently incapacitated but could not seek the same damages if they died. In 1997, the state Supreme Court ruled a child could sue for loss of consortium for the loss of a parent.