A lawsuit is filed against a woman accused of killing three children, including her 12 -year old son.

Police say Melissa Helton was drunk when she crashed her van into a tree in Jessamine County this summer. Now the parents of a 10-year old girl who died in the accident are suing.

The lawyer for Emily Preston's family won't say much, except a lawsuit has been filed. Named in the lawsuit are Melissa Helton, her husband, Gary and their Construction Company, Togi.

Stephen Isaacs, who filed the suit on behalf Emily Preston's estate, says the suit stems from the wrongful death of the 10-year-old.

Preston died as the result of a car crash back on August 22.
Police Say Melissa Helton was drunk when her van slammed into a tree on Watts Mill Rd on the way home from a local swimming area.
The suit alleges Melissa Helton was negligent and wreckless.

Isaacs says the family is seeking damages, an amount of money that will be determined by a jury. Isaacs also said Preston's parents filed the suit to get answers to some questions they still have and that the suit may help them get closure after the loss of their only child.

Isaacs says he's not doing anything that will interfere with the Commonwealth Attorneys suit against Helton.

40-year old Lori Latham, who was the only other adult in the van, died from her injuries just last weekend. A grand jury is now considering adding a fourth murder charge against Helton.