Fatal Car Accident
Losing a loved one in a fatal car accident is devastating. How can you move forward? How can you deal with medical expenses and funeral and burial expenses?
Connect with a Kentucky fatal car accident attorney at Hessig & Pohl to find out what your legal rights are and how you can recover compensation in the aftermath of the deadly accident. Do so as quickly as possible as it is necessary for your attorney to preserve evidence from the scene of the crash, to ensure it is not altered or does not vanish.
Often a fatal car accident victim may not die at the scene of the wreck. There are cases where the injured individual remains in hospital for months before succumbing to their injuries. During that period of time, medical bills are being incurred, you may be losing time from work and are wondering how you are going to pay for everything. At Hessig & Pohl, one of the first things we can do to help you is to dig into what insurance policies there may be in play in the case and make sure you are receiving the payments you are eligible to receive.
You should know that Kentucky does not operate on what is typically considered to by a traditional fault-based system when it comes to accidents. Instead, Kentucky’s car insurance laws follow a “choice no-fault” rule. This means you would have personal injury protection (PIP) benefits in your policy provided that you chose to have that type of insurance policy when you bought coverage.
If you choose better benefits when buying car insurance that included PIP, you would get funds, up to $10,000, to help pay for lost wages, medical bills and other out-of-pocket expenses you incurred as a result of your accident.
If you chose to opt out of the no-fault system, you keep the right to pursue personal injury lawsuits against at-fault drivers in accidents that you do not cause, but do not get PIP. If you bear responsibility for the accident you were involved in, you may be held liable for damages.
Due to the fact that if you are involved in a fatal car accident in Kentucky it is extremely complicated to determine what benefits and compensation you may be able to recover. Hessig & Pohl knows this and is here to help you navigate through the system. We have had decades of experience in handling these types of claims and understand how the survivors are impacted by the death of a family member. If you can, make sure to file a personal injury claim as soon as possible and do so before the Statute of Limitations runs out, or you lose your right to file.
Statutes of limitations for Kentucky car accidents
Things can get even more complicated for your fatal car accident lawsuit (wrongful death lawsuit) in Kentucky as there is not just one statute that could be applicable to your case. Which statute applies in the case of a car accident depends on the claim that is being filed.
For instance, since a fatal car accident is a personal injury action, the plaintiff in the action only has one year to file a lawsuit. The lawsuit must be filed within a year of the date of the injury. However, as with many things when it comes to the law, there are other options or exceptions that may come into play.
In particular, there is the Motor Vehicle Reparations Statute that extends the period for car accident injuries to two years after the date the last payment for personal injury protection benefits were paid. Your Hessig & Pohl fatal car accident attorney can explain the differences to you and outline which would be the best way to file a wrongful death lawsuit (fatal car accident lawsuit).
Common reasons for fatal car accidents
- Not obeying traffic signals
- Not yielding the right of way
- Defective vehicle
- Driver error
- Driving while distracted
- Failure to keep right
- Driving while fatigued
- Medical emergency
Common causes of fatal collisions
- Head-on collisions
- T-bone, broadside collisions
- Rear-end collisions
- Multiple chain link pileups
- Single car accidents
- Rollover accidents
- Commercial vehicle accidents
If you have lost a loved one in a fatal car accident, call Hessig & Pohl and discuss the case with an experienced Kentucky fatal car accident attorney. We have represented hundreds of people in similar cases and have the experience that results in good outcomes for our clients. We do not quit until we get justice. Call or text (502) 777-1111.