What happens when someone from Kentucky dies in another state from an accident? People travel all the time, and when tragedy strikes, many times there are surviving loved ones at home in Kentucky. What do they do? What if charges are filed against the other driver?
What about compensation for the deceased family still back in Kentucky? All these questions come up when someone dies in an out-of-state accident involving someone from Kentucky.
Kentucky Resident Killed in Missouri Leave Behind Family in KY
A Kentucky resident and her daughter were killed in a tragic accident near Lake St. Louis Friday, February 15, 2020 when a car crossed over the centerline and hit the minivan they were in head-on. The crash happened on Highway 40 near Exit 4A around 11 a.m. There were two others killed in the accident both in the same minivan.
The driver of the other car was injured but not seriously. Police are still investigating the accident, and so far, no charges have been filed.
Kentucky v. Other State’s Laws
If there are any criminal charges, such as a DUI or a traffic violation, that will be handled by the state where the accident happened. However, when it comes to filing a claim for damages against the at-fault driver, this can be done in Kentucky or in the state where the crash happened.
This is because both state’s laws allow for jurisdiction in accidents involving out-of-state drivers and victims. The bottom line is, the state where you want to file has to have jurisdiction over the people involved in the crash. The law requires that those who are the alleged at-fault driver have sufficient minimum contacts with the other state.
In many cases, this can become complicated, but a knowledgeable and experienced attorney will know when filing in another state is possible.
Reasons for Filing Wrongful Death in Kentucky
When someone survives another in a wrongful death case, they are entitled to compensation for all of the losses associated with losing a loved one. If their state has jurisdiction over the at-fault person, then they can file the suit if their home state.
Many times, this isn’t necessary as the victims’ attorney will settle with the insurance company for the at-fault driver. This can be done with an agreement between all those involved, and then no lawsuit has to be filed.
Contact a Wrongful Death Attorney Today
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Wrongful Death Attorney you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.
