You may still have a wrongful death claim even if your spouse had a pre-existing condition at the time he or she was involved in a car accident. Generally, the person who caused the accident on I-265, Spaghetti Junction, or another Louisville road is responsible for the death of an accident victim if the elements of negligence can be proven—regardless of any pre-existing conditions that the victim may have had at the time of his death.

That means that, in order to recover for a wrongful death, the victim’s estate must prove that:

  • The other driver owed a duty of care to their loved one.
  • The other driver violated that duty of care by failing to act like a reasonable driver. For example, the other driver may have been speeding, distracted, or drunk.
  • The failure to act like a reasonable driver caused the accident. In other words, the crash would not have happened if not for the other driver’s actions or inactions.
  • The crash caused your loved one’s death. Your loved one would not have died when he or she did if not for the accident.
  • The estate is legally entitled to damages.

These rules apply regardless of whether the accident victim was elderly or young, sick or healthy.

Want to Know If You Have a Wrongful Death Claim?

Every case is unique. If you have questions about your family’s rights after a fatal crash then we encourage you to contact us today via this website for an initial consultation.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky

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