What should you and your family do if you have lost a family member in an accident resulting in their wrongful death from a drunk driver? It may surprise you to learn that alcohol was only involved in 3% of the motor vehicle accidents in Kentucky, according to the Kentucky State Police. However, it accounted for 15% of those who lost their lives in fatal motor vehicle collisions.
When we lose a family member due to the negligent actions of another here in Kentucky, it is known as a “wrongful death.” My name is John Schmidt, and after more than 25 years of experience as an attorney based in Shepherdsville, I can tell you wrongful death cases involving a drunk driver are actually legally and financially quite complex.
The loss of a beloved family member due to a wrongful death from a drunk driver is impossible to describe or quantify. Kentucky provides specific legal and financial remedies for the spouse, child, and sometimes parents of those who lose their lives in these types of accidents. Insurance companies and their representatives have only one job: get your family to accept the lowest possible settlement in the shortest time possible. This is usually not in the family’s best interests.
It may surprise you to learn that it is usually quite important to wait for the outcome of the criminal DUI charges the offender faces before working to settle or resolve any associated claim for wrongful death. Why is this so important?
Here in Kentucky, the degree of “fault” associated with any injury or loss of life is a crucial factor regarding the financial damages one will receive from any associated personal injury or wrongful death claim. Many families make the mistake of settling their valid personal injury case far too soon in these situations.
The family cannot and should not wait to speak with the Law Offices of John Schmidt & Associates and to file the wrongful death lawsuit. This will preserve vital evidence and access to witness testimony before the passage of time affects the memory of witnesses and others involved in the accident. Once filed, it may be in your family’s best interests to await the outcome of the associated criminal case in order to maximize the value of your valid wrongful death claim.
I can tell you from the perspective of both a personal injury and a criminal defense attorney with extensive years of experience, waiting for the outcome of the criminal DUI case removes all doubt about the facts in your civil wrongful death action. The criminal conviction provides strong evidence that can and will serve as the foundation of liability in the civil wrongful death case. However, criminal actions can take months and in some cases years.
Wrongful death from a drunk driver in Kentucky is a sound basis for a wrongful death personal injury lawsuit in Kentucky. There is an important time limit known legally as a “statute of limitations” in which your family will need to file the wrongful death lawsuit.
If your family has lost a loved one in a fatal DUI accident in Kentucky, you will need an experienced and skilled personal injury attorney to protect your family’s legal rights, and seek the full, fair and just compensation owed to the spouse, children and/or parents of a wrongful death victim in our state.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the important advice and counsel required to protect your personal injury claim and achieve full and fair compensation for having to endure and recover from your injuries.
