This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Kentucky Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
Under Kentucky law, a personal representative may recover losses that include: Medical bills from before the death. Burial and funeral expenses. Loss of financial support.
The insurance industry typically uses the pain and suffering multiplier method. This works by assigning a number to the victim's pain. Depending on the severity of the injury, this can range from 1.5 to five. The insurance adjuster then multiplies that number by the victim's total amount of economic damages.
(b) If the deceased leaves a widow and children or a husband and children, then one-half (1/2) to the widow or husband and the other one-half (1/2) to the children of the deceased. (c) If the deceased leaves a child or children, but no widow or husband, then the whole to the child or children.
In a typical Kentucky wrongful death case, the court will award damages as follows: The deceased person's estate will receive compensation for funeral expenses, administration costs, and any attorneys' fees. Surviving family members will receive the remainder of the damages awarded.
What is the auto accident statute of limitations in Kentucky? There is a two year statute of limitations for auto accident claims in Kentucky. This limitation is found in Kentucky Revised Statute § 304.39-230, which states: 304.39-320 Limitations of actions.
