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If your child was killed in an accident court ruled out misadventure shouldn't you be compensated?

Canada, KY |

he was killed on the spot by a truck

Attorney Answers 11

Posted

You need to consult with a local attorney as soon as possible. It sounds like the court was dealing with criminal charges against the truck driver. You probably have a civil case where the legal standard is one of negligence as opposed to criminal intent. The fact that criminal charges may have gotten thrown out has no bearing on a civil case for damages.

Don't forget to check "Helpful" if I helped you out. This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances. My responses are also given in the context of the laws of the State of Louisiana. To the extent this comment involves principles of law governed by another state my comment merely reflects my opinion and should not be considered legal advice.

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Posted

First, let me express my deepest sympathy for your loss. I can't think of anything worse than losing a child in such a tragic way. However, there really isn't enough information to answer your question. You should consult with a Kentucky attorney who has experience in trucking cases. You should do so right away because there may be a statute of limitations. Again, I am sorry for your loss!

Information provided here is not a substitute for consultation with an attorney. This website does not create an attorney-client relationship

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Posted

My condolences on your loss. Discuss this with a competent personal injury lawyer. There is much material that needs to be reviewed. See a lawyer right away!

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Posted

I am very sorry to hear about your loss. I recommend you talk to a qualified truck accident attorney.

Vuk Stevan Vujasinovic, Board Certified (Top 2% in Texas), Highest Possible "10" AVVO Rating

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Posted

My condolences on your loss. Speak with a personal injury lawyer about a lawsuit.

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1 comment

Christian K. Lassen II

Christian K. Lassen II

Posted

good call

Posted

I am terribly sorry for your loss. I know no words can provide appropriate comfort.

You need to consult a local personal injury attorney. You do not provide enough information to give an opinion beyond that.

By consulting with a personal injury attorney you will be able to explain the specifics of what occurred and he or she can then examine the appropriate facts and circumstances surrounding this tragedy. For instance there might be driver negligence involved, there is possibly a design defect involved, perhaps inadequate/negligent maintenance, there is potentially a governmental claim for a dangerous configuration of the street (keep in mind that governmental entity claims generally have a much shorter statute of limitations).

As you can see there are many potential issues and you should consult an attorney as soon as possible.

Please accept my sincere sympathies for your loss.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Posted

Lots of facts need to be known. I would contact and consult with a local personal injury attorney.

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Posted

Did this go to court already?

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Posted

I am very sorry that your child was killed. There is nothing worse than that occurring. I would strongly recommend that you find a personal injury attorney in your local area. Most offer a free initial consultation. Select one that is experienced and one that you feel comfortable with and then retain their service. I am not sure what you meant when you were talking about "court" but discuss that matter with your retained attorney. Hope it all works out well for you.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

My condolences for your loss. The fact of the matter is that you need an attorney to represent you in your claim. More facts would need to be known before proceeding with further analysis of the truck accident claim. Fatal accident claims are complicated due to the nature of the damages being claimed. You should consult with an experienced truck accident attorney to give yourself a better understanding of your specific case. I wish you the best of luck.

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Posted

You need to talk to a KY attorney as soon as possible. There's not enough info provided to make an answer.

This information is for general informational purposes only and is not intended to constitute legal advice. By responding to this question, I am not intending to form any lawyer-client relationship whatsoever.

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1 comment

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

Suggest that you call either Mr. Jenkins or Ms. Butcher. Though Lexington is a little over 3 hours one way to you, modern communications can alleviate the difficulty. They seem to have the picture and practice in the needed area of law.