Have you lost a loved one due to someone else’s negligence or recklessness? This is a hard experience for anyone to go through, and it becomes even more complicated when you try to figure out the legal process while grieving the death of the person who passed away.
However, we want you to know that you’re not alone. At Foster Wallace Personal Injury Lawyers, our attorneys understand how to handle wrongful death claims. As your Lenexa personal injury lawyer, we also recognize that you’re likely facing profound emotional pain.
We have over 45 years of combined experience recovering more than $1 billion, and we’re here to help. Instead of burdening yourself with the legal side of things, allow us to represent you as your wrongful death lawyer in Lenexa as we pursue justice on behalf of your loved one.
Understanding Wrongful Death Claims in Kansas
Wrongful death claims arise when a person dies due to the negligence or recklessness of someone else. In the state of Kansas, the law recognizes wrongful death as a civil cause of action.
In other words, it is designed to provide surviving family members with a means of financial recovery. That way, those who have suffered the loss of a loved one have the opportunity to pursue monetary assistance in the midst of everything.
Understanding the intricacies of Kansas wrongful death law is important when it comes to comprehending how damages are determined, who may file a claim, and the procedural rules that govern these cases. That’s where a wrongful death attorney in Lenexa comes into play.
Legal Basis and Eligible Claimants
In Kansas, wrongful death actions are governed primarily by K.S.A. § 60-1901 et seq. This outlines who may bring claims as well as the scope of recoverable damages. Typically, a wrongful death claim can be filed by the following parties:
- The decedent’s surviving spouse
- Their children
- The personal representative of the estate
When these parties are absent, the law allows other relatives, such as parents or siblings, to pursue claims. However, this hierarchy is carefully delineated by legal statutes.
It is important to recognize that wrongful death claims are distinct from survival actions, the latter of which are brought on behalf of the deceased person’s estate to recover damages for the pain and suffering they experienced prior to the death.
Contact our Kansas city personal injury lawyers now.
Grounds for Wrongful Death Claims
The eligibility to file a wrongful death claim in Kansas depends on the relationship to the deceased and the circumstances of the death. If someone dies due to another party’s negligence, recklessness, or intentional misconduct, those who qualify under the statute are legally permitted to pursue compensation.
However, if the death stems from an unlawful act where criminal penalties are applicable, a wrongful death claim may proceed independently of any criminal case. This is primarily because the standards of proof and legal purposes differ.
Types of Recoverable Damages
Damages recoverable in wrongful death cases under Kansas law are broader than mere economic losses. Families may claim compensation for medical and funeral expenses, loss of the decedent’s income and benefits, loss of consortium or companionship, and mental anguish.
The loss of society and guidance that the deceased provided to surviving family members can be factored into damages as well. This is a way of recognizing the non-economic impact of the death.
Quantifying these damages often requires Lenexa wrongful death lawyers to review detailed financial records, professional testimonies, and thoughtful consideration of the family’s losses, both emotionally and financially.
Establishing Liability in Wrongful Death Claims
Determining liability in wrongful death cases is often multifaceted. Your Lenexa wrongful death attorney will prove negligence by establishing that the defendant owed a duty to the deceased, breached that duty, and caused the death as a direct result.
In many wrongful death claims, multiple defendants may share liability, including individuals, corporations, government entities, and medical professionals. For example, the following can all give rise to wrongful death actions:
- Car accidents
- Workplace fatalities
- Medical malpractice
- Defective products
- Criminal acts like assault or homicide.
Contact Us ASAP to Talk to Wrongful Death Attorneys in Lenexa Who Can Help You With Your Case
Losing a loved one as a result of a wrongful death situation is a heartbreaking and overwhelming experience. Not only is grieving already painful enough as it is, but trying to find your way through the legal process while coping with such a big loss can feel impossible.
However, we want to emphasize that you don’t have to face this situation all by yourself. At Foster Wallace, our Lenexa wrongful death lawyers come to you with decades of experience helping families like yours with their wrongful death claims.
We understand the sensitivity of these circumstances, and we’re committed to pursuing both justice and accountability on your behalf. Reach out to us as soon as you’re ready. We’re here to provide compassionate support and legal guidance during this difficult time.
