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Articles Posted in Wrongful Death

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Rita Roberts was a passenger in a truck that left the roadway and crashed into a tree. The wreck happened along Kentucky 57. The family of Rita Roberts has Kentucky legal rights related to her death. Even if the driver of the truck was not acting intentionally, Ms. Roberts’ family is entitled to civil justice under Kentucky Law. Her family will incur funeral expenses, severe grieving, and the Estate of Rita Roberts will legally be entitled to claims for her death and a lifetime of lost earning capacity. The Estate’s legal claims will be controlled by Kentucky statute KRS 411.130. These type of death claims are referred to as Kentucky Wrongful Death actions.

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The Louisville Kentucky car crash happened around 8:30 a.m. this morning on Interstate 71 in Louisville, Kentucky. A GMC Envoy driven by a woman with two female passengers was traveling southbound on I-71 near the Gene Snyder Freeway when the SUV left the road and crashed for unknown reasons. The driver and one passenger were seriously injured. Another female passenger, believed to have been pregnant, was ejected from the vehicle and died from her injuries. The three women were not from Kentucky.

Persons injured and even killed in single vehicle accidents have legal rights under Kentucky law to be legally compensated for the injuries sustained, and even a death, that is the result of the negligent driving of the driver of the vehicle they are traveling in. The driver and the driver’s insurance company can be forced to pay for medical bills, lost wages resulting from the accident, pain and suffering, and in the case of a death, the deceased’s lost lifetime earning and wages capacity. The passenger injured in this crash will have a Kentucky Personal Injury legal claim and the passenger killed will have a Kentucky Wrongful Death legal claim.

In case’s like the one herein reported, it is important for the families of the injured or killed to have legal representation preserve the evidence from the crash and insure that a thorough accident re-construction is performed.

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Juanita Bailey, age 47, and Lola Bailey, age 21, of Compton, Kentucky, were sitting in their car, which had run out of gas in the far right northbound lane of Ky 15 South. They had the car’s hazard lights on when a vehicle driven by Clyde Simmons, age 71, of Lexington, Kentucky hit the Bailey’s car from behind. Juanita bailey died from the injuries she sustained in this Kentucky Car Crash. Lola Bailey was treated at the hospital for her injuries.

Lola Bailey has a Kentucky personal injury legal claim from this accident, whereby she can seek to be compensated under the law for her injuries, her medical bills, any lost wages she may suffer as a result of the crash, and pain & suffering damages. A legal Estate will have to be established for Juanita Bailey, due to her death, and that Estate will have a Kentucky Wrongful Death claim on behalf of Juanita. That claim can seek the lifetime of lost wages and earning potential that Ms. Bailey would have earned over her lifetime.

The Kentucky Wrongful Death claim damages would be paid out to Juanita’s family, pursuant to KRS 411.130.

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An update from our previous posting about the tragic accident that took the life of 5 year old Blake Cohorn. (Clink Here for link to previous post).
The Cohorn Family was involved in a head on traffic accident, in which Blake was killed and his parents were both injured. The Cohorn Family has medical expenses, funeral expenses, and other expenses that directly relate to this tragic accident that was caused by a drunk driver, who was driving without a license. Additionally, the family, being injured from the accident has lost wages and bills that now will be difficult to pay due to the lost income from being injured.

Donations to the fund to help the family in this time of financial crisis can be sent to:

The Blake Cohorn Trust at 5th/3rd Bank Account No. 9380835729 1580 Leestown Road Lexington, KY 40511
This law firms analysis of the situation is that the Cohorn family or their representative should be in contact with their auto insurance company and reserve all PIP-No Fault coverage so that those amount under their policy won’t be exhausted by the hospital bills. Such insurance moneys can be used by the Cohorn family to help cover lost wages due to the family’s injuries. Additionally, $1,000.00 of the PIP insurance monies can be used to help with the funeral bills.
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The Cohorn family was traveling from Indiana when the vehicle they were in was hit head-on by a drunk driver. The Kentucky car crash happened on U.S. 60 in Woodford County, Kentucky around 10:00 p.m. last Sunday. Alfonso Diaz-Diaz, age 26 was traveling west in the eastbound lane and struck the Cohorn’s vehicle. Mr. Diaz-Diaz has been charged with multiple criminal counts, including DUI and Manslaughter.

Tragically, the car crash killed 5 year old Blake Cohorn and seriously injured Blake’s mother, Wendi Gohorn, and Blake’s father, Rocky Cohorn, Both of whom are presently being treated at UK Hospital. Blake’s two siblings were treated and released from medical care, and are fortunately not seriously injured. Blake’s uncle, Danny Cohorn, was treated for head and facial injuries at Frankfort Hospital.

Not only will Mr. Diaz-Diaz be subject to criminal prosecution, but the Cohorn family can also seek civil justice under Kentucky law for the death of Blake Cohorn and the personal injuries suffered by the other family members hurt in the auto accident. The Cohorn’s are suffering the personal loss of Blake’s life and suffering financially from this tragedy. Under Kentucky law, the Cohorns can seek civil compensation for their damages from this accident, which will include lost wages, medical bills, pain & suffering, out of pocket expenses, and emotional trauma. Not only will the family have Kentucky civil personal injury claims, but they will also have a Kentucky Wrongful Death claim.
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As predicted in an earlier posting (link to earlier posting), William Wesley’s criminal charges were amended to include not only the DUI, but a charge of murder. The Ebenstein family with have a chance at both criminal and civil justice under Kentucky Law.

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A fatal Kentucky motorcycle accident has tragically taken the life of a 19 year old. Jacob Ebenstein was riding his motorcycle when William Wesley, age 40, pulled out in front of Mr. Ebenstein’s motorcycle, causing a collision and throwing Mr. Ebenstein from his motorcycle. The motorcycle/car crash occurred at the intersection of KY 635 and Smith Vault Road, which is about 10 miles north of Somerset. Jacob Ebenstein was airlifted to UK Hospital where he later died from his injuries. Mr. Wesley was arrested and charged with a DUI.

Jacob’s family has legal recourse to take against Mr. Wesley, in addition to the criminal charges. Under Kentucky Law, the Ebenstein family can establish an Estate and pursue a Kentucky Wrongful Death civil legal action against Mr. Wesley. In such cases like this, the suit can seek damages that include claims for the funeral expenses, medical bills related to airlifting and treating Jacob, pain & suffering of Jacob related to the accident, and the lifetime lost wages/earning capacity of Jacob. The lost earning capacity claim will be substantial, as Jacob was only 19 at the time of this fatal accident.

“While Mr. Wesley has only initially been charged with a DUI, he will also face a number of felony charges related to this tragic event, potentially including manslaughter charges. Additional felony charges are usually added on around the time of the arrangement. I handle DUI related accidents and death civil cases for victims and their families, and I expect that Mr. Wesley will face harsh criminal charges. Justice demands it” –Wrongful Death Attorney Brent T. Ackerson.
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Robert Andrus, age 77, of Benton, was killed Sunday, in a Kentucky motorcycle accident. Andrus was traveling northbound on US 641 in Calloway County, Kentucky, approaching the intersection of Wood Drive, when his motorcycle collided with a vehicle crossing both northbound lanes of US 641. Andrus was taken to Murray-Calloway County Hospital where he died of his injuries. KSP are conducting an accident reconstruction to determine exactly what happened in this fatal crash.

Andrus’ family may have legal claims related to this accident, and may be able to recovery legal damages related to this fatal accident. Such legal claims are referred to as Kentucky Wrongful Death Claims. In matters such as this, the case, the damages calculation, and the apportionment of fault/liability can be complicated.

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A motor vehicle accident in Estill County, Kentucky has left 2 innocent people dead. William Neal was driving his SUV when a vehicle driven by an 18 year old over corrected her driving and entered Mr. Neal’s lane of traffic. William Neal died at the scene of the crash and his passenger, Ronald Whitaker, died at the hospital following the crash. This tragic accident was not the fault of Mr. Neal or his passenger Mr. Whitaker. As such, Kentucky law will afford the families of both Mr. Neal and Mr. Whitaker justice. Those families will be able to make a Kentucky Wrongful Death claim against the parties at fault for this tragic accident. The legal monetary damages will be large and include pain and suffering, medical bills and expenses, funeral expenses, and a calculation of the lifetime lost earning capacity of these 2 men.

As such Estates will have to be established to make these claims and experienced attorneys dealing with the various possible avenues of insurance coverage recovery will be needed by the families of these two deceased men.

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Charles James, age 44, was a pedestrian crossing Taylorsville Road at the Lowe Road intersection, when he was struck by an SUV. The accident happened at 6:45 a.m. on Thursday. Mr. James was taken to U of L Hospital when he died from his injuries. Mr. James lived on the 200 block of York Street, in Louisville.

Crosswalk and pedestrian auto accidents can be complex legal matters for injured pedestrians, due to claims of the drivers that hit pedestrians that the walker was in a spot that they should not have been. This law firm has experience helping families defend the legal rights of pedestrians, even when the pedestrian is crossing in a spot or time that they should not have been. Under Kentucky law drivers owe a duty to pedestrians, and that duty includes being mindful of pedestrians. In these types of cases, it is important to due a thorough investigation of all the facts surrounding the accident, including a potential immediate accident re-constructionist of the scene.

In cases where a person dies from an accident, including pedestrian accidents, the family of the deceased can seek Kentucky legal justice and compensation for the lost life through a Kentucky Wrongful Death Claim. In these types of claims, the family and the Estate of the deceased can seek medical bills, pain and suffering compensation, and a lifetime of lost earning potential, on behalf of the deceased. This legal compensation will then be paid the heirs of the deceased pursuant to Kentucky Statute, KRS 411.130. Even in cases where the deceased pedestrian bears some fault for the accident, a legal recovery for the heirs can still be made.
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