After a person is injured in an accident caused by another person's negligence, Kentucky and federal laws provide that the injured can seek to recover compensation for their damages through a personal injury lawsuit. The damages recoverable in these cases can be purely economic, such as medical expenses and lost wages, or noneconomic, such as pain and suffering.
While all deaths are difficult on the family and friends of the person who passed away, sudden, unexpected deaths can be particularly devastating. One reason is because people have no time to prepare for the death and are facing life without the loved one suddenly. Also, many fatal accidents could have been prevented and the loved one should be living if it were not for the negligence of another person or entity. Losing a loved one in this manner creates many emotional problems as people no longer have the love and support of the loved one, but it can also create financial problems as well, especially if the loved one earned a significant amount of the income for the family.
Wrongful death legal protections exist to protect families who have suffered the wrongful loss of a loved one because of the negligence of another party. Circumstances that can lead to a wrongful death claim for damages can include car accidents, truck accidents, motorcycle accidents, medical malpractice, products liability and some other types of situations as well.
Months after a Grayson County teacher's death in a fatal train accident, the husband has filed a wrongful death lawsuit against the company and the staff seeking monetary damages. In the lawsuit, the victim's husband alleges that the company, Paducah & Louisville Railway Inc., had information that the crossing was unsafe and failed to install safety arms or flashing lights. The suit also declares trees alongside the crossing obstructed the victim's sight of the looming train. The suit named the train's conductor and engineer in addition to the company as all guilty for the mishap.
Police may now be held liable for damages if their negligent high-speed chases lead to the injury or death of innocent people. This is true due to a landmark judgment recently made by the Kentucky Supreme Court that overruled a 1952 decision granting blanket immunity to police against damages and injuries suffered by someone as a result of a police chase. Victims who suffered injury or the family members of victims that were killed during a police chase can sue the police officer involved or the department.
There are several causes of vehicular accidents. Some of the factors that cause these fatal accidents may be distractions, impaired driving or speeding. However, with all of these factors, alcohol seems to be a common theme. Residents of Kentucky are not new to the accidents caused due to driving under the influence of alcohol. In a recent incident, a 37-year-old woman is charged with driving under the influence and has been arrested in connection with a deadly crash in Lexington.