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Wrongful Death Lawsuits and Class Actions : Wrongful Death Blog Home : April 2008 : 2008-03-31 to 2008-04-06

Who Can File a Wrongful Death Suit

Regarding the subject of filing a wrongful death suit there may be some questions in regards to who can or can not file a wrongful death suit. This is a difficult question to answer in general terms because the laws are different from state to state. In certain states, only immediate relatives can file a wrongful death suit whereas in other states non-immediate relatives may be able to file a lawsuit. Of course, if you are contemplating filing a wrongful death suit you should confer with an attorney to determine the viability of a wrongful death suit as you would not get very far filing a claim where you are not entitled to damages.

Kentucky Legislature Considers Changes to Wrongful Death

Republican State Senator Robert Stivers has introduced legislation that would allow surviving spouses to seek damages for loss of companionship in wrongful death lawsuits.

The legislation comes thanks to the hard work of Kathy Ryan, who has been lobbying for a change in the law since her husband was killed in the August 2006 Kentucky Comair crash.

Kentucky is one of four states that do not allow a surviving spouse to sue for loss of companionship or "consortium." The ironic thing is that the spouse of an injured person may file a lawsuit for this type of damages, but not widows or widowers. The estate may sue for loss of income, and children may sue for loss of companionship, but spouses cannot.

2008-03-31 to 2008-04-06 «  » 2008-04-07 to 2008-04-13