Around 35,000 people die each year in motor vehicle accidents in the U.S., and of those 5,000 (15%) involve commercial trucks. Trucking accidents produce more fatalities than other types of accidents, mostly because of their size and weight compared to a passenger car or small truck.
If you’ve lost someone because of an accident involving a large commercial truck due to someone else’s negligence, you need to speak to a Louisville Wrongful Death Attorney. At Kaufman & Stigger, PLLC, we understand the pain, grief, and sense of loss someone feels when this happens. We feel strongly that when a driver’s carelessness leads to such a tragic loss, the survivors are entitled to justice and fair compensation.
Wrongful Death Claims
A wrongful death occurs when someone dies from the negligent acts of another person. Under Kentucky law, anyone who has had a loved one die due to the negligence of another person can make a claim against the driver for all economic and non-economic losses that came from the accident.
The law also requires that a representative of the deceased be the one to file, and all other family members can claim damages as well.
Who can get Compensation in a Wrongful Death?
Not everyone related to the deceased can file a wrongful death claim. In Kentucky, the law lays out specific family members who have that right. They are:
- The spouse married to the deceased at the time of death.
- The domestic partner of the deceased if domiciled at the time of death.
- The surviving children (minor and adult).
- A dependent minor living with the child at the time of death.
Type of Trucks that often Result in a Wrongful Death Claim
A large commercial truck can weigh as much as 80,000 pounds fully loaded, and a typical passenger car or light truck weighs about 3,00 to 4,000 pounds. With this difference in weight and size, even a small impact can seriously injure or kill those in the smaller motor vehicle.
In Kentucky, some of the different trucks that are commonly involved in a wrongful death are:
- Big Rigs (Tractor-trailer, semi-truck, Long-Haul)
- Large Box Trucks
- Flatbed Trucks
- Tanker Trucks
- Car Haulers
- Dump Truck
- Cement Mixer Truck
- Garbage Truck
- Refrigerator Truck
Damages in a Wrongful Death Claim
In a wrongful death claim from a truck accident, the damages claimed are by those surviving family members and not the damages incurred by the deceased. At Kaufman & Stigger, PLLC, we know how important it is to understand the law regarding a wrongful death and to know what to seek in compensation. Some of the types of compensation common to wrongful death claims in Kentucky are:
- Outstanding Medical Bills from Victim’s Treatment
- Loss of Financial Support (present and future earnings)
- Loss of Benefits (pensions or medical coverage) Due to Death
- Value of Goods and Services
- Loss of Companionship
- Mental Pain and Anguish of Survivors
- Loss of Care and Nurturing
- Loss of Consortium (deceased’s spouse)
- Punitive Damages (If death was intentional or through gross negligence)
Contact a Louisville Wrongful Death Attorney
The loss of a loved one can be a traumatic event and cause untold grief and anguish. The last thing you should have to worry about is finances and money, but this is often an additional burden on the surviving family members.
A wrongful death claim can also be a complicated endeavor, and you need someone who is knowledgeable and experienced in these types of claims. The attorneys at Kaufman and Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.
