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The highest wrongful death settlement was $160 million.
State law allows wrongful death actions to be filed only by a court-appointed representative of the deceased person's estate. The court appoints this representative ? often an immediate family member of the deceased, such as a spouse or an adult child ? to act as an executor or administrator of the estate.
If you believe that someone else's negligent or reckless behaviors caused your loved one's death, you may be able to pursue a wrongful death claim. Under Kentucky law, only the personal representative of the estate can file this type of lawsuit.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Loss of Consortium - Critically, the two year statute of limitation does not apply to some other claims that may be associated with the auto accident. For example, a spouse, parent, or minor child seeking damages for loss of consortium arising out of the same event must file suit within one year of the accident.