I live outside of Louisville, Kentucky. Last July, my elderly mother was run down by a reckless driver; she subsequently died. I’ve been so busy with settling her estate (I am the executor) that I didn’t consider filing a wrongful death lawsuit until now. Am I too late? Should I sue?

Nope, you’re not too late. In Kentucky, wrongful death lawsuits have to be filed within two years of the date of death. You, being the executor, would be the one to pursue the suit.

As for whether or not to sue, Nolo recommends that you be able to answer three questions:

1. Do I have a good case? In your mother’s situation, I’d say this is a no-brainer. If the driver was charged with reckless driving, and your mother died as a result of her injuries, I’d say you have a good case.
2. Would I consider a compromise or mediation? If all you want is compensation for the funeral expenses and for the medical bills associated with the accident, you may want to consider seeing if you and your opponent can reach an arrangement outside the courtroom. You could also hire a mediator to help you work things out.
3. Would I be able to collect if I win the lawsuit? If your mother was hit by someone who obviously doesn’t have the money to pay, there is really no point in suing. If he or she owns a business or is otherwise well off financially, suing would make sense.

Get some legal help to win your Kentucky wrongful death lawsuit. Contact a Louisville personal injury lawyer at Gray and White Law to set up a FREE, no-obligation consultation. Call us at 502-210-8942 or toll free at 888-450-4456.