Philadelphia, PA asked in Wrongful Death for Kentucky

Q: Was I entitled to any of the estate of my minor daughter that passed away from her injuries due to the car accident.

Case Description

On August 12th 2012 I was involved in a single car accident. It was just myself and my daughter in the car. My 5 year old daughter was severely injured. She passed away 3 months later due to her injuries. I was covered thru progressive under my husband at the time. Shortly after her passing my husband and I divorced. At the time of the wreck I was a stay at home mom. I have since gained employment. However her death has left me severely depressed and I've been diagnosed with major depressive disorder and PTSD. Progressive pays for me to receive therapy for a lifetime In regards to treatment for my grief. I haven't been informed that I can recall of any other benefits I may receive. I didn't want to ask for financial benefits for the longest time because I blame myself for her death. I'm constantly missing work because of my issues I deal with daily and that time off is mostly unpaid. I'm now looking at losing my home due to not making payments.

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2 Lawyer Answers
Brian Lehman
Brian Lehman

A: You should contact a lawyer and go through the facts of this case. You listed Kentucky, which has a one-year statute of limitation in which to bring a personal injury lawsuit. Ky. Rev. Stat. § 413.140(1)(a). Based on these facts, claims that your daughter's estate may have had against the other driver would appear to be barred over four years later.

If the insurance covered your daughters' death, then the money would be paid into the estate and then distributed according to the laws of the state handling the probate. It's unclear from your statement what state's laws apply here. In addition, the lawyer needs to review the insurance policy as the terms of the insurance matter.

The statute of limitations in Kentucky for breach of contract is 4 or 5 years Ky. Rev. Stat. § 355.2-725 (2016); Ky. Rev. Stat. § 413.120(1) (2016), so you should contact a lawyer immediately since you have either gone past the date or it is getting close. Another state's laws may apply (e.g., the insurance contract may determine it).

Peter N. Munsing
Peter N. Munsing

A: Normally you would be. You need to check with the attorney that raised the estate for her. Usually you would have been a co-administrator.

As to your PTSD if you haven't tried it, check out EMDR therapy. Google "Psychology Today Therapist EMDR ___________."

(insert name of your town).

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