Legal Question in Personal Injury in Kentucky

Car Accident Resulting In Death

A Family Member recently, 9/19/03 died in a fatal car accident. Here are the specifics he was at a dead stop was turning into his driveway and the car behind him was speeding around a curve went to pass my family member as he was turning into his driveway. It was a no pass zone and my family member was hit so hard that the vehicle finally halted approx 80 ft from point of impact. He was killed upon impact. The wife is so distraught that I want to help her any way I can. I know there will be a settlement as the accident was not at all his fault however he was the main wage earner and I do not want his wife to get screwed because Ins co wants to settle for 100,000. No amount of money will bring him back but the amt above does not seem right especially when the other driver was not hurt and it was their fault. PLease advise on what a fair amount could be and how soon she should retain an attorney.


Asked on 9/23/03, 12:24 am

3 Answers from Attorneys

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Car Accident Resulting In Death

First, please accept my condolences on the tragic

loss of your family member. There are simply too

many variables to determine what a fair settlement

might be. One significant factor is the policy limit

of the at-fault driver's insurance. It may be $100,000.

If so, the possibility of a higher settlement would be

contingent on the other driver's assets, if any.

As to when to retain counsel, I can only say

sooner rather than later. Please feel free to

contact me if you desire further consultation.

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Answered on 9/23/03, 10:33 am
E. Brian Davis Davis Law Office

Re: Car Accident Resulting In Death

Accidents such as the one in which you lost your family member are terribly traumatic. My condolences on your family's loss. Unfortunately, some insurance companies use the time when the family is mourning to try to rush a settlement through. It is impossible to say what would be considered "fair" without knowing a lot of other facts.

I urge you to consult with counsel of your choice at the earliest opportunity. I also urge you to consider consulting a mental health professional for help in dealing with the sudden, tragic loss.

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Answered on 9/23/03, 4:32 pm
John Faust Faust & McCarthy

Re: Car Accident Resulting In Death

An attorney should be consulted immediately. One of the surviving family members must be appointed as personal representative of the deceased person's estate. This can be done by a will, or, if there is no will, then by the probate division of the districtcourt in the county of residence.

After a personal representative is appointed or the will is probated, then an attorney should be retained to investigate the situation. It may be that the amount the insurance company is offering is the amount of their policy limit, but there might be other assets available to compensate your family for their loss. An attorney could advise you further after learning more of the details of the situation.

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Answered on 9/23/03, 7:26 pm


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