Woman Loses Life in Louisville, Kentucky Car Accident
On Friday, March 31, 2023 in Louisville, Kentucky, a woman was seriously injured in a car accident and died a few days later from her injuries. Tiffanie Fuller, 44, was driving northbound on Dixie Highway when another vehicle attempted to drive across Dixie Highway at Bernheim Road. Ms. Fuller struck the other vehicle as it attempted to cross Dixie Highway. Both vehicles were SUVs. Ms. Fuller was transported to U of L Hospital where she would later die.
Wrongful death damages allowed in Kentucky?
In the above-described accident, the driver that pulled out onto Dixie Highway in front of Ms. Fuller appears to be completely at fault in causing this accident. In an accident involving a death, the law calls such a claim a wrongful death claim and it specifies certain claims that can be made as a result. The claims that can be made in a wrongful death case in Kentucky include the following:
(1) Lost Future Income: This claim is normally the largest claim made in a wrongful death case. Even in the case above, where the victim is 44 years old, she would be entitled to her possible earnings from the age of 44 until her statistical death.
(2) Medical Expenses: This claim normally is not a large claim unless someone survives for a significant time in the hospital after the accident. Most claims for medical expenses will be used to reimburse the health insurance or auto insurance companies who paid the medical expenses and the estate will not receive much of this item of damage.
(3) Pain & Suffering: If the victim survives for a period of time and is conscious, a claim for pain and suffering can be made. In a personal injury claim, the pain and suffering claim is normally the largest claim, but not here because of the short time of conscious suffering of pain.
(4) Funeral and Burial Expenses: A claim can be made for funeral expenses incurred.
(5) Loss of Consortium: Loss of consortium is a claim for loss of companionship and services provided by the decedent. Kentucky law allows the surviving spouse to make this claim. A parent can make a loss of consortium claim for a minor child. A claim by a grandparent is not allowed. A consortium claim by a minor child in the loss of a parent is allowed.
(6) Property damage: A claim can be made for damage to the vehicle and/or personal property in the accident.
(7) Punitive damages: Punitive damages are aimed at punishing the person causing the accident to discourage the same behavior by others and it is only allowed under limited aggravating circumstances such as a wrongful death being caused by a drunk driver. Not a claim that can be made in the accident described above unless the driver was under the influence of drugs.
Wrongful Death Claims Frequently Face the Problem of Insufficient Insurance.
In the above-described accident in Louisville, Kentucky, the estate of the decedent will have a significant claim for damages as listed above. A 44-year-old woman would have an estimated life expectancy of 37.1 years according to the Kentucky Life Expectancy tables and the estate would be entitled to the potential earnings of the decedent during that period, which could be a significant amount of money. It is unlikely that the person causing this accident will have anything close to enough insurance to satisfy this claim. If the decedent has underinsured motorist coverage available, then the estate can make an additional claim, but the total recovery is unlikely to come close to the actual damages.
CONTACT LOUISVILLE AUTO ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you 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 and their families. 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.
If you need legal assistance due to a motor vehicle accident, contact Louisville auto accident attorney Matthew Troutman directly at 502-648-9507 or 859-696-0001 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 Louisville car accident attorney Matthew Troutman and the Troutman Law Office, click here.