How Do I File A Wrongful Death Lawsuit?

Tony Colyer


Wrongful Death


April 18, 2022


2.1 Minutes

Reading Time

780 people were victims of fatal traffic collisions on Kentucky’s roadways in 2020. In December of 2021, the Kentucky Office of Highway Safety reported 725 traffic fatalities for the year, with 155 in Louisville alone. As of March 4, 2022, the KSP reported there were already 87 fatalities statewide. Sadly, many of these fatal accidents are caused by another driver’s careless behavior, whether it’s distraction, reckless behavior, or driving while intoxicated.

When someone’s carelessness takes the life of another person, it can be detrimental to the victim’s family, leaving them wondering how they can receive closure by holding the at-fault driver accountable. Wrongful death claims allow the family to hold the negligent driver responsible and to seek compensation for the damages. However, in order to file a wrongful death claim, it must be done within a year of the victim’s death and a personal representative must be appointed over the victim’s estate, which is most typically a spouse, parent, or other family member.

Compensation can vary based on several factors and can include expenses related to the estate, funeral expenses, medical bills, loss of the deceased’s income, and loss of consortium. Parents’ loss of affection and companionship may also be included, if the victim was a minor. Punitive damages, which are intended to punish negligent behavior, may be included in cases of deliberate actions or gross misconduct. Those who can sue for wrongful death include: spouses, children (including step-children), life partners, financial dependents, and parents of a deceased child. In some cases other individuals, such as distant relatives, may also sue if they have suffered financial damages in relation to the victim’s death.

In a wrongful death lawsuit, the victim’s family must be able to prove that: The other driver caused an accident resulting in the victim’s death, that the other driver’s negligent actions were at-fault in causing the accident, that the deceased is survived by a spouse, child, or other dependents, and that there are monetary damages as a result of the victim’s death. This is why it is crucial to find a reputable law firm, with experience in wrongful death lawsuits! Our team at Colyer Law Firm understands the damage a car accident can cause and the effect that a fatality has on a victim’s family. We will fight for the justice your loved one deserves and for the compensation you need. If your loved one was in a fatal accident due to someone else’s negligence, don’t hesitate to contact our team today!

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