Kansas Wrongful Death Attorneys

Serving Reno County, Sedgwick County, Saline County, Finney County, Ford County, Seward County, and Ellis County

Losing a loved one is a traumatic experience, even if it is expected due to illness. When a loved one is killed because of an accident that could have been avoided, however, the pain can be even more difficult to endure. Our Kansas wrongful death attorneys understand this, and though they can’t know the pain you are going through, they are dedicated to helping you get the full compensation you deserve.

What Qualifications as a Wrongful Death Claim?

If you’ve lost a loved one due to circumstances you believe could have been prevented, it’s natural to wonder how you can be sure. The issue can be complex, but if the death occurred due to negligence or carelessness, it’s important to find out if you are eligible for compensation.

The conditions for a wrongful death case may be present when a person’s actions (whether careless or negligent) cause the death of another person. A situation may also qualify if a death is brought about by someone’s failure to act, such as when an employer fails to provide a safe environment for workers.

Some examples of situations in which wrongful death occurs are medical malpractice, construction accidents, or other types of accidents, such as slip and falls. The state of Kansas also states that a plaintiff can make a wrongful death claim if a personal injury claim could have been made if the deceased person had survived. It’s important to know that a wrongful death lawsuit might be brought in cases in which the intentional behavior of the liable party caused the death of a loved one, such as during the commission of a crime.

Calling an attorney to get more information as to whether your loved one’s death qualifies as a wrongful death claim is the first step to getting justice for your loved one. Our Kansas wrongful death attorneys will look at your case and provide guidance so you can make a decision about whether or not to pursue a claim.

Who Can Bring a Wrongful Death Claim

Wrongful death claims are usually brought by a plaintiff who is a close family member seeking compensation on behalf of all of the heirs of the estate, even if they did not join the lawsuit. This is because the plaintiffs are often the next of kin.

The most common plaintiff in a wrongful death case is the spouse the deceased loved one left behind. If the deceased loved one is survived by a spouse and no children, the spouse would receive all of the monetary compensation. If the person is survived by children in addition to a spouse, the proceeds will be divided equally.

If the deceased loved one was not married, other family members may file the claim. This may be a child, parent, or guardian left behind. Every case is unique, and your wrongful death claim may be brought by a different plaintiff than ones commonly expected in that role.

Assigning a plaintiff to your case is another reason to ask our Kansas wrongful death attorneys to help you navigate this difficult and confusing time. If the circumstances warrant, you may elect a sibling, cousin, aunt, uncle, or grandparent to be the plaintiff. If the deceased loved one had a will, there is often an executor appointed by the court to represent the estate. In such a case, the executor is usually the person designated as the plaintiff. The sooner you reach out, the more quickly you’ll be able to start taking steps toward justice.

Melinda Young assists people with personal injury matters in the following locations: Buhler, Burrton, Cheney, Garden Plain, Haven, Hutchinson, Inman, Kingman, Nickerson, and Sterling.

Identifying the Party Liable for Wrongful Death

A successful wrongful death claim depends, in large part, on two things. The first is proving a particular company, person, or other entity was responsible for the death. The second is proving that the death was caused by actions the responsible party did or did not take, which makes them negligent. To present a strong case, you’ll want to prove that your loved one would not have died if the party responsible had behaved differently. Our Kansas wrongful death attorneys will be at your side working to create the strongest possible foundation for your wrongful death claim.

Who Can Receive Damages in a Wrongful Death Case

Similar to other personal injury claims, penalties imposed on the liable party in wrongful death cases come entirely from monetary compensation paid to the survivors of the deceased. These “damages” are the way in which wrongful death cases differ from criminal cases.

In a criminal case, a guilty verdict does not result in monetary damages being awarded. Similarly, in a civil case, successful prosecution does not result in imprisonment. You are not filing a wrongful death case with the goal of putting someone in prison. This difference can clearly be seen in the wrongful death case won against OJ Simpson on behalf of the Goldman family. As a result of the guilty verdict, OJ was required to pay damages to the family of Ronald Goldman.

In a wrongful death claim in Kansas, if the liable party is deceased, the claim can be filed against the estate of that party. This would be the case, for example, with an automobile accident in which the driver responsible for the accident was also killed.

Another difference between a wrongful death case and a criminal case is that guilt in a criminal case must be proven “beyond a reasonable doubt.” In a civil wrongful death case, the liable party’s responsibility must be shown “by a preponderance of the evidence,” which is a less strict requirement and, therefore, easier to prove.

A defendant facing criminal charges can also be sued in a wrongful death case in civil court. To discuss your likelihood of success in filing a wrongful death claim in your specific circumstances, contact a Kansas wrongful death attorney as soon as you can.

How a Wrongful Death Claim is Paid

The damages awarded in a wrongful death case come from the liable party’s insurance company.  Whose insurance company this is varies depending upon where and how the accident happened.  If the accident was related to construction, the compensation could come from a third party. If medical malpractice caused the wrongful death, the compensation would likely come from the insurance company of the hospital or doctor involved.

How Much to Expect from a Wrongful Death Claim

Damages in a wrongful death case fall into two categories: economic and non-economic. Economic damages are compensation for lost financial support as a result of the death. Non-economic damages are compensation for loses that are intangible but no less devastating. The state of Kansas places a cap, or limit, on non-economic damages at $250,000. There is no such limit on economic damages.

It is not easy to predict how much money in damages to expect from a wrongful death claim, as attaching a monetary value to the death of your loved one, as well as the impact it has had on you and your family is a complicated issue. Here are some of the things you can receive compensation for:

• Your loved one’s pain and suffering before death
• Medical expenses incurred trying to save the life of your loved one
• Funeral and burial expenses
• The lost wages that your loved one would have provided to your family had the person lived
• The inheritance that family members, including yourself, could have received if your loved one had lived
• Loss of companionship, guidance, and support
• Loss of relationship
• Mental anguish suffered by the survivor

Even the value attached to household services that were regularly performed by the loved one may be considered. It’s important to reach out to Kansas wrongful death attorneys as soon as possible to give your claim the best chance at a successful outcome. Our attorneys will draw upon their experience, knowledge, and resources to build the most robust case they can on your behalf.

How Long You Have to File a Wrongful Death Claim in Kansas

The statute of limitations in Kansas— meaning the window of time you have to file a wrongful death case— is two years from the date of the death of your loved one. It’s important to file your claim before this window closes, or the court will very likely refuse your case. A Kansas wrongful death attorney can help ensure your case is filed as quickly as possible without missing any of the complexities these cases almost certainly involve.

Call our Kansas Wrongful Death Attorneys Today for Your Free Consultation

The death of a loved one is not the time to go it alone, especially when the death was due to carelessness or negligence. Our Kansas wrongful death attorneys can navigate a wrongful death claim for you during this painful time, guiding you every step of the way. We have the knowledge and experience to fight for families like yours to get compensation that is fair and full. Our dedicated team wants to be there to help bring your family the justice it deserves. Call us today to get your free consultation so that we can go over the details of your case and give you advice you can trust.