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

Ky. Rev. Stat. § 411.135 (2026)

Damages in action for wrongful death of minor

✓ current as of May 2026
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In a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of the damage usually recoverable in a wrongful death action. History: Created 1968 Ky. Acts ch. 30, sec. 2.

Notes of Decisions
Cited in 35 cases (10 in the last 5 years), 1983–2026 · leading case: Dep't of Educ. v. Blevins, 707 S.W.2d 782 (Ky. 1986).
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Dep't of Educ. v. Blevins, 707 S.W.2d 782 (Ky. 1986). · cites it 18× “KRS 411.135. The Board of Claims dismissed both claims filed by the parents, holding that "such an action can only be brought by the personal representative of the deceased.”
Giuliani v. Guiler, 951 S.W.2d 318 (Ky. 1997). · cites it 8× “The legislature has made it the express public policy of the Commonwealth to protect and care for children in a nurturing home. KRS 600.010.”
Smith v. Vilvarajah, 57 S.W.3d 839 (Ky. Ct. App. 2000). · cites it 6× “In addition, the Supreme Court also noted that KRS 411.135 recognizes the individuality of the child and the value to a family by providing parents a consortium claim for the loss of the love and affection of their minor child.”
Bayless v. Boyer, 180 S.W.3d 439 (Ky. 2005). · cites it 4× “See KRS 411.135 ("In a wrongful death *449 action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of…”
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 2× “§ 60-1904 (1976); Ky.Rev.Stat.Ann. § 411.135 (1972); Me.Rev.”
Pauly v. Chang, 498 S.W.3d 394 (Ky. Ct. App. 2015). · cites it 5× “Noting that KRS 411.135 authorizes a parent to “recover for loss of affection and companionship that would have been derived from such child during its minority,” the Court determined that a child’s “claim of loss of parental consortium is a reciprocal of the claim of the…”
Lambert v. Franklin Real Est. Co., 37 S.W.3d 770 (Ky. Ct. App. 2000). · cites it 4× “Further evidence that the opinion only intended to apply to cases of wrongful death is the statement, “[t]he claim of loss of parental consortium is a reciprocal of the claim of the parents for loss of a child’s consortium which was recognized in KRS 411.135.” Giuliani at 321 .…”
Martin v. Ohio Cnty. Hosp. Corp., 295 S.W.3d 104 (Ky. 2009). · cites it 2× “Finding that “[t]he claim of loss of parental consortium is a reciprocal of the claim of the parents for loss of a child’s consortium which was recognized in KRS 411.135,” id. at 321 , this Court determined that recognizing a parent’s right to loss of love and affection of a…”
Holland v. Islamic Repub. of Iran, 496 F. Supp. 2d 1 (D.D.C. 2005). · cites it 2× “See Ky.Rev.Stat. § 411.135. Because Robert Holland was not a minor at the time of his death, Charles and Rosemary Holland cannot recover under this section.”
Pearson Ex Rel. Trent v. Nat'l Feeding Sys., Inc., 90 S.W.3d 46 (Ky. 2002). “The legislature on its own had previously recognized the loss of consortium for a parent on the death of a child in KRS 411.135. Clearly, there was a progressive development in the law of consortium which is not found in the law of products liability.”
Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). · cites it 2× “The primary action of the mother is based on KRS 411.135, which permits recovery by the parent for loss of affection and companionship of a child in a wrongful death action.”
Turfway Park Racing Ass'n v. Griffin, 834 S.W.2d 667 (Ky. 1992). · cites it 2× “130, and to the parents for loss of affection and companionship pursuant to KRS 411.135. Thomas Chase Griffin, a four-year-old child, fell to his death from a stairway at Turfway Park.”
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