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Articles Posted in Wrongful Death

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999679_the_sidewalk.jpgA 76 year old woman, Norma McAuliffe, was killed this week while walking down the sidewalk. The accident occurred in the middle of the day as the victim walked down Hikes lane near Breckenridge Lane. The woman was on the sidewalk when a Saturn vehicle lost control, struck other cars and then went up onto the sidewalk, killing McAuliffe. Otherthan the pedestrian’s death, no one else was seriously injured in this vehicle accident.

This is a clear case of fault being on the motor vehicle. The pedestrian was doing what she was supposed to, and the Estate of the killed woman will have a wrongful death claim in this case. The wrongful death claim damages that can be sought will depend on numerous factors specific to the victim.
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A Jefferson County, Kentucky 74 woman died after injuries she sustained from being hit by a car while going to her mailbox. The woman was taken to the hospital after being hit and later died in the hospital. The driver of the car that hit has been reported to have looked away for a moment while driving and then when he looked back, he couldn’t avoid the woman who was at her mail box. This is a tragedy and an example of how even the slightest moment of not giving your driving the full attention it needs can result in a tragedy.

In cases where a person is struck by a car, there are numerous insurance factors that come into the equation of compensation for injuries, medical bills, and even a death. Insurance coverage that will need to be examined here will include PIP coverage, UIM coverage, UM coverage, and general liability coverage. These coverage examinations will include those of the driver of the car, those of the victim of the accident, and those of the persons living in the household of both. It is important to examine all potential coverage to ensure that all medical bills and damages are paid, in order to insure that the victim and her family are not left with expenses from this tragedy.
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Larry West, of Russell County, Kentucky, has been killed in an auto accident. His wife, Rebecca West, is in serious condition. Larry was pronounced dead at Westlake Hospital and his wife Rebecca was transported from Westlake to University of Louisville Hospital in Louisville, Kentucky. Larry and Rebecca west were residents of Russell Springs, Kentucky.

The West’s vehicle was traveling south on KY 55 when it was struck by a vehicle driven by Charles Caldwell of Greensburg. The crash caused the West’s vehicle to overturn several times. Caldwell was also treated for injuries and released from Westlake Hospital.
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A 19 year old teen has been charged with reckless homicide and Dui which stems from a single car accident that resulted in the death of one passenger and injury to two other passengers. The 19 teen was driving three passengers when her car went off the road and struck some trees. Alcohol was a contributing factor in this car wreck. This sends a strong message to teens that drinking and driving has severe consequences. From a personal injury law perspective, the criminal charges help to bolster the civil personal injury cases of the two injury teens and the wrongful death claim of the deceased teen’s Estate.

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Dangerous and unsafe drugs are regularly recalled by the Federal Foods & Drug Administration. Unsafe drugs and products can cause serious damages and even death. Be careful of what products, medicines, and drugs you allow into your body. Some may be causing injury or could cause your death without you even knowing.

Here is a link to the FDA & some of its Recalls, Market Withdraws & Safety Alerts.

If you have been injured by any of these products, you need to know what your options and legal rights are. People who suffer injury or death from dangerous drugs and products have legal rigts to be compensated fro what has happened to them.

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A fatal accident has occurred in Southern Indiana involving a semi tractor trailer and a Chevy cavalier. Police reports state that prior to the accidents they had received calls about the Chevy Cavalier, which was traveling south bound on I-65, traveling at a high rate of speed and swerving on the road. Shortly thereafter, the Chevy Cavalier crossed the expressway median and struck a semi head-on. The Chevy’s speed is estimated at 90 miles per hour. Police state that the impact was so violent that the Cavalier was torn in two and blocked both north and south bound lanes for 5 hours. Police are stating that Alcohol is a suspected factor.

In Kentucky, drunk driving accidents happen too frequently. Drivers who drive after consuming alcohol risk lives and should be held accountable for the accidents they cause. Not only are drunk drivers criminally prosecuted, but when they cause injury to others, they become civilly liable also to the injured people and the families of the injured. Civil lawsuits against drunk drivers can recovery medical bills, lost wages, pain & suffering, and in the event that they kill someone, the deceased family can bring a wrongful death lawsuit also.
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A crossover accident has occurred on Ky. 52 near the Madison and Estill County boarder. Reports specify that a 1999 Ford Taurus, driven by Roy T. Burgess of Irvine, Kentucky, crossed over the center line in the road and struck an on-coming 1998 Volkswagen, driven by Steven Skaggs of Jeffersonville, Kentucky. The crash killed Burgess, who was 63 years old. Skaggs and his passenger, Jillian Willoughby, suffered injuries and were taken to the hospital.

Additionally injured, after the accident, was a Kentucky State Police Officer who was taking pictures of the scene of the crash. He was struck by another emergency vehicle and was taken to the hospital also.

This is a case where Skaggs and Willoughby will have injury claims against the Estate of Burgess and his insurance company for the injuries Burgess caused after crossing into the lane of on-coming traffic. They will be able to make claims for lost wages, medical bills, and pain & suffering, related to the car crash. Additionally, the Police officer, who was subsequently injured will have injury claims against the driver of the vehicle that hit him.
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949267_pedestrian_crossing_sign.jpgTwo Louisville, Kentucky residents were killed while trying to cross the street, after being struck by cars. Initial reports are that both incidents, which occurred separately and at different times of the day, involve the pedestrian not having the right-a-way to cross the roads. Initial reviews of these accidents would appear that fault for the accident is on the pedestrians. However, Kentucky is a comparative fault state and thus, the families of those killed in pedestrian accident should have the circumstances of such accidents fully examined by a lawyer.

Under Kentucky’s comparative, even if as person bears the majority of fault for an accident or death, the other party can still recover the percentage that they were not at fault for in the accident. In theory, under Kentucky comparative fault, even if a person were 99% at fault for an accident or death, they could still recovery 1% of the damages they have suffered from the accident. In cases where a person is killed, these are referred to as wrongful death claims, and the monetary damages can be substantial. In cases where the damages are large, percentage of fault is usually a factor and certainly not a deterrent to seeking some form of justice and compensation for the loss of life.
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A 23 year Kentucky old man was found dead in a catholic school parking lot after he shot himself in the head. Prior to committing suicide, the 23 year old posted online criticism about a few priest where he attended high school, which was the parking lot he was found dead. The dead man had graduated form the high school in 2006. He posted online that the abuse in the church is “real” and that he hopes to “save at least one child from the pain and torment that I had to go through.”

Abuse of children is one of the most horrific crimes possible. It is an act perpetrated by those in positions of power and influence over the young, and takes advantage of the children’s innocence and position of weakness. Institutions like churches and schools who allow this activity to occur are as guilty as the offenders themselves, as it is the role of such places to protect children and take steps to prevent such abuses.

In cases of child abuse and sexual abuse of children, the children have legal claims against the offenders, and potentially against the employers and institutions which are responsible for supervising the children. In cases where suicide results from the abuse, the Estate of the victim can bring a wrongful death claims also.

The scars and injury from abuses to children continue for years into adulthood and can ruin lives of the victims and their families. Victims often find the need for a lifetime of therapy and often turn to drugs, alcohol, and even suicide to avoid the pain, mental anguish, and guilt they feel for having been a victim.
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Kentucky Revised Statutes 259.210 provides that livestock are not permitted to “roam at-large” and the owner is liable for any damages that may result. Owners of livestock, horses and cattle, are responsible to take reasonable and prudent measures to assure that these animals do not roam freely and cause accidents or injury to others. That responsibility includes fencing the animals in and taking other precautions so the livestock do not cause problems for others in the surrounding area. When those responsibilities are ignored or neglected tragedies such as this can result, including serious and fatal auto accidents.

The landowner’s insurance companies should be responsible for medical bills and other harms and losses that are incurred when animals roam freely and cause injury. These types of incidents along country roads cause major motor vehicle crashes. Additionally, more aggressive animals that get loose and roam can attack adults or children.
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