In the tragic situation that a loved one is killed in an auto accident, survivors are left stunned and often unsure of what to do. In many cases, when the loved one was the wage earner, the loss is even more devastating because the family members lose their financial security as well as the emotional support the person once provided. Accepting what happened is especially difficult if the death was caused by another party’s negligence or fault.
While no amount of compensation can make up for the loss of your loved one, Kentucky law provides options for a monetary settlement that will ease your financial burdens through insurance or a wrongful death lawsuit. Compensation can cover costs such as medical bills, funeral expenses, loss of financial support, and also non-economic damages like emotional distress and loss of companionship and guidance.
However, Kentucky laws are complicated and insurance companies and their attorneys often try to get you to settle for less than your case is worth, deny claims altogether, or put the blame for the accident on your loved one. An experienced car accident lawyer can examine the individual circumstances of the accident and help fight for the maximum compensation you deserve.
Legal Options After a Fatal Car Accident
After a fatal car accident in Kentucky, families of the deceased have several legal options to pursue compensation and justice. The following are the main paths available:
Making an Insurance Claim
If your loved one was covered by Kentucky’s auto accident insurance, you can start by filing an insurance claim through the state’s “choice no-fault” system.
Kentucky requires all drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 per person per accident for medical expenses, lost wages, and out-of-pocket costs, regardless of fault. Drivers are also required to carry:
- $25,000 bodily injury per person per accident
- $50,000 bodily injury for all persons per accident
- $10,000 property damage liability.
These benefits can be used by the deceased’s estate to cover medical bills that your loved one incurred before death and for funeral expenses.
Kentucky also allows drivers to “opt out” of the no-fault system by filing a No-Fault Rejection Form with the Department of Insurance that allows individuals to directly sue at-fault parties without meeting injury thresholds. If the deceased person has opted out of no-fault or if costs of damages exceed the limits of their insurance policy or they were the victim of a wrongful death, survivors can take legal action against the at-fault driver in the crash.
Wrongful Death Lawsuit:
The family or estate of the deceased can file a wrongful death lawsuit if the accident was caused by another party’s negligence or wrongful act. Compensation can cover medical bills, funeral expenses, loss of financial support, and non-economic damages like emotional distress.
In Kentucky, individual family members may not file wrongful death claims directly, although they are able to benefit if the lawsuit is successful. It is the personal representative, also known as the executor or administrator, for the deceased person’s estate who files the lawsuit for the estate. This is the person who is named as personal representative in the will; if no will exists, the representative will be appointed by the probate court.
According to Kentucky law (statute 304.39-230), an action for survivor’s benefits must generally be started within one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. There may be some exceptions, such as if it is not immediately obvious who was at fault for the death.
Damages in a Wrongful Death Case
In a successful wrongful death case, compensation for damages can include
- Medical expenses incurred by the deceased up to death
- Funeral expenses
- Loss of financial support and benefits for survivors
- Loss of companionship, consortium, and guidance for survivors
- Emotional distress.
Punitive damages may also be awarded in cases of egregious misconduct that resulted in the death.
How Damage Awards Are Distributed
In Kentucky, the distribution of damage award money from a wrongful death settlement follows a specific legal order. According to Kentucky law (Ky. Rev. Stat. § 411.130), after payment of funeral costs, outstanding medical bills, and legal and administrative fees, distribution is as follows:
- Surviving spouse with no children: Spouse receives the entire settlement.
- Surviving spouse and children: The settlement is split equally – spouse 50% and children 50%.
- Children only: The deceased’s children get everything.
- Parents: If there are no surviving spouse or children, the settlement goes to the deceased’s parents.
- Estate: If there are no surviving spouse, children, or parents, the damages become part of the deceased’s estate and are distributed according to Kentucky’s laws.
What to do After an Auto Accident Death
If a loved one dies in an auto accident, it is important to take the following steps:
- Report the accident. Kentucky requires that accidents involving fatalities must be reported to authorities immediately. You must also file a written report with the Kentucky State Police within 10 days if property damage exceeds $500 or if there is an injury or death.
- Consult a wrongful death attorney. It is important to get legal assistance as soon as possible to prevent making costly mistakes. Your attorney will start gathering evidence, interviewing witnesses, handling correspondence with insurance companies, and determining whether to file a lawsuit.
To win your case, your attorney would have to show the following legal elements:
- Your loved one lost their life.
- The death was caused by another’s negligence or intentional harm.
- Surviving family members of the deceased suffered damages as a result of the death.
Get Help After a Fatal Car Accident
If you or a loved one has been injured or suffered a wrongful death in a car accident, the experienced personal injury lawyers at the Johnson Law Firm are prepared to take the burden off you and handle all legal hurdles and negotiations involved with getting you optimum compensation. Attorney Billy Johnson is highly skilled and aggressive when going after the negligent parties and has been helping victims of vehicle accidents and other types of personal injury since 1998.
We provide a free consultation to help determine the best approach to winning the settlement you deserve, so call us today at 606-437-4488 to get started.
CALL NOW 606-437-4488
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
