What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action that is brought by the surviving family members of a person who has died due to the wrongful acts or omissions of another person or entity. The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their actions and to compensate the family members for their loss.
Who Can File a Wrongful Death Lawsuit in Kansas?
In Kansas, a wrongful death lawsuit may be filed by the surviving spouse, children, or parents of the deceased. If there are no surviving family members within these categories, then a representative of the deceased person’s estate may file the lawsuit.
What Must Be Proven in a Wrongful Death Lawsuit?
To succeed in a wrongful death lawsuit in Kansas, the plaintiff must prove the following:
- The death of a person
- The death was caused by the negligence or wrongful act of another person or entity
- The surviving family members have suffered damages as a result of the death
It is important to note that the standard of proof in a wrongful death lawsuit is by a preponderance of the evidence. This means that the plaintiff must prove that it is more likely than not that the defendant’s actions caused the death.
What Damages Can be Recovered in a Wrongful Death Lawsuit in Kansas?
If the plaintiff prevails in a wrongful death lawsuit in Kansas, they may be awarded damages for:
- Funeral and burial expenses
- Medical expenses related to the deceased person’s final illness or injury
- Loss of the deceased person’s future income
- Loss of the deceased person’s services, companionship, and guidance
- Pain and suffering of the surviving family members
It is important to note that there is no cap on the amount of damages that can be awarded in a wrongful death lawsuit in Kansas.
Statute of Limitations for Filing a Wrongful Death Lawsuit in Kansas
In Kansas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. It is important to file the lawsuit within this time frame, as failure to do so may result in the case being dismissed.
Filing a wrongful death lawsuit in Kansas can be a complex and emotional process. It is important to consult with an experienced attorney who can guide you through the process and help you obtain the justice and compensation you deserve. If you have lost a loved one due to the wrongful actions of another person or entity, don’t hesitate to seek legal counsel and explore your options for holding the responsible party accountable.