Man Dies in Greenbelt Highway Accident in Louisville Jefferson County Kentucky: Special Challenges in A Wrongful Death Auto Accident
Jan. 13, 2023
On December 14, 2022, at approximately 6:15 pm an auto accident occurred when a tractor-trailer attempting a left-hand turn onto northbound Greenbelt Highway in Louisville Kentucky was struck by an automobile driven by 41-year-old Donald Gregory, Jr.. Sadly, Mr. Gregory died as a result of his injuries. It certainly appears that the tractor-trailer would be at fault in this accident since Mr. Gregory would have the right of way as he drove southbound on Greenbelt Highway. Louisville Metro Police are investigating. This accident is another example that accidents involving commercial vehicles are frequently deadly due to the size difference in the vehicles and other dangerous characteristics of a tractor-trailer. To learn ways to avoid accidents with large commercial vehicles, click here.
Auto Accident Wrongful Death Claims Are Different than Personal Injury Claims
Any accident involving the death of an auto accident victim has different challenges than the normal car accident claim. First of all, an estate must be set up and sometimes there can be a fight over who can represent the estate. Another significant difference is that a wrongful death claim has a 1-year statute of limitations as opposed to the 2 years from the last PIP payment on a normal auto accident injury claim. Thirdly, the damages allowed in a wrongful death claim are limited by statute and the most significant damage is lost income. Fourthly, a wrongful death claim can involve collateral claims by others like loss of companionship or consortium.
A wrongful death claim can include a personal injury claim for the pain and suffering suffered by the decedent between the time of the injury and the the time of death. Normally, this is not a long period, but it is a claim nonetheless.
The value of a wrongful death claim is primarily due to the age of the victim. If the victim is older, then his remaining years of life will be shorter and, thus, the value of the claim less. Kentucky has a life expectancy table that is used to determine the probable remaining years of life available to the decedent. The probable number of remaining years of life are multiplied by the probable income of the decedent at the time of death. If the decedent was not working at the time of death he or she is still entitled to a loss of income claim because it is the opportunity to work that has been taken from the victim that demands compensation.
These circumstances will require the services of an experienced Louisville auto accident attorney to investigate the cause of the accident and maximize all benefits available to the victims in this auto accident. Matthew Troutman, a Louisville auto accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident. It is very likely that the at-fault driver will not have enough insurance to fully compensate the victims in this car accident, and, therefore, it will be important for there to be underinsured motorist benefits available.
Contact Louisville Auto Accident Attorney
If you need legal assistance due to a motor vehicle accident, contact Louisville auto accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.