What if the Plaintiff Dies Before Filing a Personal Injury Lawsuit

All too often, families find themselves dealing with the death of a loved one who was killed due to the negligence, carelessness, or actions of another person. When this happens, the family may be allowed to file a “Wrongful Death Lawsuit” on behalf of the deceased. These personal injury lawsuits are often the result of a range of fatal situations:

• Car Accidents
• Pedestrian Accidents
• Slip and Falls
• Nursing Home Negligence or Abuse
• Trucking Accidents
• Motorcycle Accidents
• Defective or Dangerous Consumer Products
• Construction Accidents
• Workplace Injuries
• Physical Assault

Who Can File the Wrongful Death Lawsuit?

In Kentucky, wrongful death lawsuits are usually filed by the personal representative of the deceased, usually the administrator or executor of the estate, the deceased’s spouse or children and/or the deceased’s nearest living relative. Kentucky law is very specific about when, how, and who may file the lawsuit, so it’s important to speak with an experienced personal injury attorney to discuss the details of your case.

Statute of Limitations

Wrongful death claims must be filed within the appropriate statute of limitations. If the Complaint is not filed within this time limit, the possibility of filing the claim is almost always lost.  Some rare situations may extend the filing deadline, but consulting with an attorney is the best way to determine if an exception is possible in your case.

Get Help from a Wrongful Death Attorney

Families need time to mourn and recover after the death of a loved one; however, if the family wants to pursue a wrongful death claim, time is of the essence. Involving a qualified wrongful death attorney will increase your chances of developing a strong case and allow you peace of mind for dealing with your loss with minimal disturbance to your family.
The personal injury attorneys at Saladino & Schaaf have over 75 years of combined experience representing grieving families, helping them get their lives back on track after a fatal accident claims the life of their loved one. Contact us for a free consultation or give us a call at 270-444-0406 (Paducah) / 270-753-1529 (Murray) to discuss your case.