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Articles Posted in Wrongful Death

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A Single vehicle crash in Henry County, Kentucky has resulted in the death of the driver, Jeremy Talbott, age 35, and the passenger, Amy Perkins, age 32. The car, driven by Talbott, was traveling east on Highway 146 when it went off the road and hit a tree. Both the driver and the passenger died at the scene.

Amy Perkin’s family has legal claims related to the death of Amy from this car crash. She as the passenger cannot be responsible for the crash and therefore, her family, via establishing Amy’s legal estate, can file a wrongful death claim against Talbott’s Estate and his insurance company. This is a case where Amy’s family is afforded a Kentucky Wrongful Death Claim under Kentucky Law, whereby they can seek justice for her lost life and claim damages that would include her lifetime lost earning capacity. Amy being so young would place the damage calculation from this claim in substantial sums.

At the Ackerson Law Offices, we focus on death claims. These types of claims relate to seeking civil justice under the law for injuries and deaths that result from other’s conduct. Kentucky civil law tries to right negligence and other legal actions by compensating people and families economically for their losses. While no one can economically replace a life lost like Amy Perkins, her family under the law has legal claims to help the family cope with the loss economically. These funds often help families replace lost income due to the accident, pay for funeral expenses, help out with the costs of therapy related to the accident, and much more. Under the law, it’s what the family is entitled to, and is why we as drivers carry insurance to help cover.
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A fatal accident involving a moped and a SUV has resulted in the death of a 27 year old man, Benjamin Johnston. The motor vehicle accident occurred at an intersection on US-23 in Greenup County. Mr. Johnston was riding a moped and attempting to turn make a turn, when according to police, Jamie Miller in an SUV ran a red light and hit Johnston. Mr. Johnston was taken to the hospital where he died from his injuries. Miller is suspected, according to reports, of being intoxicated.

This is a tragic loss of life, which may be even worse if intoxication is a factor. The Johnston family has legal rights related to the death of Benjamin Johnston. The family may be able to proceed with a Kentucky Wrongful Death civil lawsuit against Mr. Miller and potentially others. In cases where intoxication is involved, it is important to establish an earlier legal investigation by an attorney of the facts so that evidence is not lost. Its important to fully examine all possible legally responsible persons and/or all parties who might have some, even if small, percentage of responsibility. This is important when it comes to making sure that there is adequate insurance coverage to afford full legal recovery and justice for the substantial dollars involved in a death case. The Johnston family could potentially be looking at substantial sums in a recovery for the loss of Benjamin’s life under the law. In Kentucky Wrongful Death cases, the monetary damages allowed under the law include a lifetime of lost wages/earning potential, which can place the potential damages in the million dollar range. As such all avenues of financial recovery must be examined to insure that the family is afforded the maximum amount of justice under the law.
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Lacy Brinton, age 27, was tragically killed in an Ownesboro, Kentucky traffic accident on February 21, 2013. The fault of this accident is a spilled substance on the roadway. Police are trying to identify the truck that spilled it. Reports are stating that it may have been live stock feed. This substance caused Ms. Brinton to loose control of her vehicle and die in the subsequent crash. The crash happened on the William Natcher Parkway.

Kentucky law affords families, who have lost loved ones in accidents, legal avenues to seek justice. The Brinton Family and Lacy’s Estate will have a Kentucky Wrongful Death claim, whereby they can seek justice for Lacy’s death. This tragic loss of life could have been avoided. This law firms thoughts and prayers are with the Brinton family at this time of their loss.
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Sarah Wilson, age 18 and a senior at Garrard County High School, was tragically killed in a single vehicle Kentucky auto accident on Sutton Road, just outside Lancaster, Kentucky. The cause of this accident is still unclear. Reports indicate that the car that Ms. Wilson was a backseat passenger in swerved and then flipped, landing upside down. Ms. Wilson was ejected from the vehicle and died because of the car crash. The two male occupants of the car, the driver and the front seat passenger are not suffering any major injuries.

Why this happened is the main question at the moment. The Wilson family and the community will demand answers and are entitled to such. Accident re-constructionists may be able to help, but most likely we will have to rely upon witness statements from the driver and front seat passenger. Alcohol and drugs are not suspected as a cause at this moment, but a toxicology report is pending. From a Kentucky legal perspective, this accident cannot be the fault of Ms. Wilson. She was a passenger in the vehicle, and thus not responsible for the driving of that car. Kentucky law requires that the operators of vehicles keep their cars under control. In this case the driver did not, and the result was a tragic loss of such a young person. The Wilson family has legal rights due to this tragedy and is entitled to seek justice for the loss of Sarah’s life.
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Louis H. Carlisle, age 53, was killed in a pedestrian auto accident on Monday. The accident happened around 7:30 p.m. It is reported that Mr. Carlisle was walking across the road outside a designated crosswalk. This however does not means the accident is totally his fault. All factors must be considered and a thorough accident re-construction should be performed to determine what factors came into play in the death of Mr. Carlisle. The Carlisle family may have legal rights related to this accident and the death of Mr. Carlisle.

Under Kentucky Law, legally this state recognizes apportionment of fault, and therefore, unless a person is 100% at fault for an accident, they or their family can still legally recovery for the % of fault that was not theirs, which relates to the injuries or death. In cases such as this one, apportionment legal issues can be complex, but are not a total bar for the family of a person killed, who are seeking legal justice and accountability.

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A tragic car crash has happened near Bowman Field, killing a person. This one hits home for this law firm, as it is an area well known to Attorney Brent T. Ackerson, who represented that area on the Louisville Metro Council, and still represents the adjacent area.

Shirley DeFelice was killed while driving her car on Taylorsville Road, near the intersection of Kings Highway and Valletta Road. Police reports indicate that a yellow truck crossed into the lane of on coming traffic and hit a white Lincoln driven by an elder woman. The elderly woman was taken to the University of Louisville Hospital where she later died from her injuries. The driver of the yellow truck and a passenger in the white Lincoln were also taken to University Hospital with injuries.

Reports indicate that this auto accident is the fault of the driver of the yellow truck. As such, the passenger in the Lincoln will have personal injury legal claims against the driver of the truck, and the Estate of female driver of the Lincoln, who was killed due to the crash, will have wrongful death legal claims against the truck’s driver. The legal damages from accident like this that are recoverable under Kentucky law can vary from lost wages, medical bills, pain and suffering, future medical costs, and in the case of death, a loss of lifetime earning capacity claims. Even in cases of death involving an elderly person, there is still a substantial loss of earning capacity claim. When a person is killed in an auto accident, an Estate must be established to handle the legal claims on behalf of the deceased and for the benefit of the deceased’s family.
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George Tunstall III, age 67, was killed while crossing Bardstown Road in Louisville, Kentucky. Tunstall was a pedestrian and trying to walk across Bardstown Road, just south of Fegenbush Lane when he was struck a vehicle traveling northbound. The accident happened at 6:30 p.m. last Friday. Tunstall was taken from the scene of the accident to University of Louisville Hospital where he died at 8:15 p.m. Tunstall lived in the Highlands. Initial reports state that Tunstall was not crossing the road at a crosswalk.

Even though reports indicate that Tunstall was not crossing at a designated crosswalk, his family and Estate should retain legal counsel to look into what happened at this accident and what factors may have contributed to it. To the common person, it would appear initially that this accident was Mr. Tunstall’s fault. However, Kentucky is a comparative fault state, which means that even if a person were 99% at fault for an accident, they can still recover legal damages for the 1% that was not their fault. The percentages can very up to 100%.

Our firm has represented persons and gotten legal financial recoveries for injuries and deaths related to people crossing roadways outside of crosswalks and/or designated crossing areas. In cases involving pedestrian accidents, it is important to look at why the victim was crossing where he/she was and what was the driver was doing at the time of the accident. Where the victim was coming from and going to is also an important factor. In any accident or death case, it’s important to immediately have legal counsel gather and preserve the evidence related to the case. Cases involving deaths are referred to as Wrongful Death Claims.
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Wilma Richardson, age 62, died Tuesday from injuries she sustained after being struck by a car driven by her sister. Richardson, who lived in Fairdale, Kentucky, had been driven to a medical center by her sister. Richardson was dropped off, and was walking behind her sister’s car, when her sister, who did not know that she was behind the car, backed out and struck Richardson. Richardson died from the injuries.

When an accident like this happens, it creates very complex legal questions, for the family as a whole. The complexities revolve around how to access the most insurance coverage to help Richardson’s family, while recognizing the families grief and the fact that Richardson’s sister’s automobile policy will likely be a source of recovery of insurance monies related to the damages from this accident.

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Sunday morning around 4:00 a.m., a Mercedes and a Dodge Durango were involved in a car accident on Bardstown Road, between Watterson trail & Hurstbourne Parkway. The driver of the Mercedes was killed, the passenger of the Mercedes was injured, and the driver of the Durango has been charged with DUI. Witness report that the driver of the Mercedes clipped the Durango and lost control of his vehicle. In cases like this it is important to use an accident re-constructionist to determine what likely caused the accident and who is the at-fault party or what percentage of fault each driver bears.

In this case, it is arguable that the driver of the Durango, who was driving under the influence of alcohol, bears some fault. Because of such, the Estate of the deceased driver of the Mercedes will have legal claims against the driver of the Durango for medical bills and the loss of life, under a Kentucky Wrongful Death Claim. The passenger of the Mercedes, Christopher Willian, age 34, will have legal claims from this accident to compensate him for his damages, which include medical bills, lost wages, and pain & suffering.
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After severe weather caused the overturning of multiple tractor-trailers, traffic along the Gene Snyder was delayed. It was during this delay that a male driving passenger van failed to slow or stop and struck the rear of a red Chevy Impala, killing the elderly female passenger and injuring the elderly male driver. The impact to the Impala was so severe that it caused two other vehicles to be collided with, a Camry and Hyundai SUV. Both drivers of the subsequent collision were injured.

The driver of the passenger van will be the at fault driver in this crash. This accident will involve numerous legal claims, being three personal injury claims for the drivers of the Impala, the Camry, and the Hyundai SUV. The Estate of the female passenger of the Impala will have a Kentucky Wrongful Death claim. Because of the severity of the accident, injuries, and the death, insurance coverage may become an issue in these matters.

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