The sudden loss of a loved one is a devastating experience, compounded when the death is caused by another’s negligence or wrongful actions. In Kansas, wrongful death claims serve as a legal recourse for families seeking justice and compensation. HUBBARD & KURTZ, L.L.P., based in Kansas City, is committed to providing empathetic and proficient legal representation to help you during these challenging times.
Defining Wrongful Death in Kansas
A wrongful death claim in Kansas is applicable when a person’s death results from the wrongful act, neglect, or default of another party. Common scenarios include:
- Motor vehicle accidents involving negligent drivers
- Medical negligence by healthcare providers
- Fatal workplace incidents due to unsafe conditions
- Defective products causing lethal injuries
Eligibility to File a Wrongful Death Claim
In Kansas, the surviving family members entitled to file a wrongful death claim include:
- Spouse and children of the deceased
- Parents of the deceased
- Siblings and other close family members
If no immediate family members are available, the personal representative of the deceased’s estate can initiate the claim.
Essential Components of a Wrongful Death Claim
To establish a wrongful death claim in Kansas, plaintiffs must demonstrate:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant breached this duty through negligent or intentional acts.
- Causation: The breach directly resulted in the death.
- Damages: The death caused significant losses to the survivors.
Recoverable Damages
Kansas law permits the recovery of several types of damages in wrongful death claims:
- Economic Damages: These cover tangible financial losses, such as medical bills, funeral expenses, and loss of future earnings.
- Non-Economic Damages: Compensation for intangible losses, including pain and suffering, loss of companionship, and mental anguish.
- Punitive Damages: In cases involving gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer.
The Wrongful Death Claim Process
Filing a wrongful death claim involves several key steps:
- Initial Consultation: Engaging with a seasoned wrongful death attorney at HUBBARD & KURTZ, L.L.P. to review your case.
- Investigation: Collecting evidence, such as accident reports, medical records, and witness statements.
- Filing the Claim: Submitting the claim within the statutory timeframe, which is generally two years from the date of death in Kansas.
- Negotiation: Attempting to reach a settlement with the responsible party’s insurance company.
- Litigation: If settlement negotiations fail, presenting the case in court.
Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.