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Don’s Story: Wrongful Death Claim For Fatal Leitchfield Car Accident

April 13, 2021 By Flora Templeton Stuart

Letichfield Wrongful Death CaseFlora Templeton Stuart Accident Injury Lawyers recently represented the family of a man who tragically lost his life in a motor vehicle collision.

The deceased, Don, was parked near a roadway in Grayson County when a negligent driver crossed the center line and struck Don’s vehicle head on. Although Don was pronounced dead at the scene, the impact of the collision would be felt by the family for years to come.

Our attorneys traveled to Leitchfield, KY to meet with wife of the deceased, Rachel, at the home she shared with her late husband. Rachel retained our services to file a wrongful death lawsuit against the at-fault driver, which would provide compensation for any losses resulting from the collision and justice for her husband who was taken far too soon.

We were able to successfully negotiate a $450,000 settlement for the damages sustained by Don and his family, who must now live without the companionship, affection, and services that he once provided.

The Case

At the time of the collision, Don was preparing to merge onto Kentucky Route 54 when his truck was suddenly hit by another vehicle. The driver had become distracted and unknowingly crossed over two lanes of traffic before crashing directly into the front of Don’s truck.

We immediately conducted a thorough investigation of the scene and obtained the accident report from the Grayson County Sheriff, which absolved Don of any wrongdoing in the collision. We also secured statements from several witnesses who were willing to testify on our client’s behalf.

With all of the evidence needed to establish liability for the crash, we began negotiations with the at-fault drivers insurance company to recover compensation for Don’s family.

Damage Available in a Wrongful Death ClaimThe Damages

When someone else’s negligence results in a fatality, the family of the deceased has the right to seek compensation for the damages they suffer.

Damages may include things like funeral expenses, loss of the victims expected earnings, or the loss of love and companionship.

In this case, we argued that Don’s family suffered from the loss of income, loss of benefits, and the loss of household services that he once provided. We also sought pain & suffering damages on Don’s behalf.

Additionally, we filed a loss of consortium claim for Rachel, who suddenly lost the love and affection of her husband of over twenty years. Pursuant to KRS 411.145, a wife may recover damages against a third person for loss of consortium resulting from a negligent or wrongful act of such third person.

Consortium is defined as the right to the services, assistance, aid, society, companionship, and conjugal relationship between husband and wife. Don was Rachel’s longtime companion, who provided the ordinary service, assistance, and aid that a loving spouse provides, all of which was taken from her due to this tragic accident.

The Result

Due to the extent of the damages suffered by Don’s family, we were able to recover nearly $500,000 on behalf of the family’s estate. Although no amount of money can bring back a loved one, we believe that a wrongful death lawsuit can bring the closure and financial security needed to move forward with your life.

*We have changed the names to protect the confidentiality of our client.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. She is a nationally recognized personal injury lawyer with over 40 years of experience. Her story has been featured on Fox, The New York Times, ABC, Time, and NBC.