Ky. Rev. Stat. » Chapter 411
Kentucky Revised Statutes

Ky. Rev. Stat. § 411.133 (2026)

Joinder of wrongful death and personal injury actions

✓ current as of May 2026
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It shall be lawful for the personal representative of a decedent who was injured by reason of the tortious acts of another, and later dies from such injuries, to recover in the same action for both the wrongful death of the decedent and for the personal injuries from which the decedent suffered prior to death, including a recovery for all elements of damages in both a wrongful death action and a personal injury action. History: Created 1968 Ky. Acts ch. 30, sec. 1.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1970–2024 · leading case: Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988).
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Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). · cites it 4× “In reviewing this action, I believe we must recognize that the suit joined two separate causes of action pursuant to KRS 411.133. They were the mother's action for wrongful death and the personal injury action of the deceased child for injuries she received prior to her death.”
Ping v. Beverly Enter., Inc., 376 S.W.3d 581 (Ky. 2012). “KRS 411.133 (1968). See also, Moore v. Citizens Bank of Pikeville, 420 S.”
Smith v. McCurdy, 269 S.W.3d 876 (Ky. Ct. App. 2008). · cites it 7× “In sum, she argues that because KRS 411.133, 8 the statutory provision governing joinder of wrongful death and personal injury actions, does not include a method for distribution of proceeds from an action where both causes of action are pled, the provisions of KRS 411.”
Kindred Nursing Centers Ltd. P'ship v. Cox, 486 S.W.3d 892 (Ky. Ct. App. 2015). · cites it 2× “Third, Kindred argues the holding in Ping necessitates splitting of causes of action which is prohibited under Kentucky common law, KRS 411.133 and the FAA. And fourth, Kindred' claims the holding in Ping is -a departure from long-standing Kentucky wrongful death law and altered…”
Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992). “KRS 411.133. It is reasonable to conclude the General Assembly intended for the personal representative to have the same amount of time to prosecute all claims resulting from injury to the decedent including injuries resulting in death.”
Blankenship v. Watson, 672 S.W.2d 941 (Ky. Ct. App. 1984). “Pursuant to KRS 411.133, he sought an additional $100,-000 for the pain and suffering endured by his son prior to death.”
Aull v. Houston, 345 S.W.3d 232 (Ky. Ct. App. 2010). “Nevertheless, to eliminate any controversy, we hold that nothing in the record to date prohibits the Appellants’ continued pursuit of all categories of damages available pursuant to KRS 411.”
Liberty Mut. Ins. Co. v. Louisville & Nashville R.R., 455 S.W.2d 537 (Ky. Ct. App. 1970). “133 was enacted whereby a personal representative of a decedent who was injured and dies by reason of the tortious acts of another, may in the same action recover both for wrongful death (destruction of the decedent’s power to earn money) and also for personal injuries (pain and…”
Bressler v. Lusk (E.D. Ky. 2024). · cites it 2× “130(1); also see KRS § 411.133. Yanero v. Davis, 65 S.W.3d 510, 521-22 (Ky.”
Green v. Diagnostic Imaging Assocs. (Va. 2020). “Ky. Rev. Stat. Ann. § 411.133 . 9 can recover under the wrongful death statute, Code § 8.”
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