How Do I File a Wrongful Death Lawsuit?

Wrongful Death

By Tony Colyer · April 18, 2022

Kentucky experienced significant traffic fatalities in recent years. In 2020, 780 people died in traffic collisions on Kentucky roads. The Kentucky Office of Highway Safety reported 725 fatalities for 2021, with 155 occurring in Louisville alone. By early March 2022, authorities had already documented 87 statewide deaths. Many of these accidents stem from driver negligence, including distracted driving, reckless behavior, and impaired driving.

When negligent driving causes a fatality, families often seek accountability through wrongful death claims. These legal actions allow families to hold responsible parties accountable and pursue compensation for damages.

Filing Requirements and Timeline

Wrongful death claims must be filed within one year of the victim’s death. A personal representative must be appointed to oversee the victim’s estate, typically a spouse, parent, or family member.

Types of Compensable Damages

Compensation may include estate-related expenses, funeral costs, medical bills, lost income from the deceased, and loss of consortium. If the victim was a minor, parents may recover damages for lost affection and companionship. Punitive damages - intended to penalize gross misconduct or deliberate actions - may also apply.

Who Can Sue

Eligible parties include spouses, children (including stepchildren), life partners, financial dependents, and parents of deceased children. In some cases, distant relatives who suffered financial harm may also pursue claims.

Legal Requirements

Families must establish that the other driver caused the fatal accident, acted negligently, that survivors exist, and that monetary damages resulted from the death.

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