Losing a loved one is a devastating experience, and when that loss is the result of someone else’s negligence or wrongful actions, it can be even more emotionally and financially challenging. In Kansas, as in other states, there are legal mechanisms in place to hold those responsible for wrongful deaths accountable. This article aims to provide a comprehensive overview of wrongful death actions in Kansas, covering essential aspects such as eligibility, damages, and the legal process involved.
Understanding Wrongful Death in Kansas
Wrongful death, as defined by Kansas law, occurs when a person’s death is caused by the wrongful act, omission, or negligence of another party. Wrongful death claims are brought forward by surviving family members or the estate of the deceased individual to seek compensation for the losses they have suffered as a result of the death.
Who Can File a Wrongful Death Lawsuit in Kansas?
Kansas law outlines a specific order of priority for who can bring a wrongful death lawsuit. The following parties are eligible to file a wrongful death claim in Kansas:
1. Surviving Spouse: The surviving spouse of the deceased has the first right to file a wrongful death lawsuit.
2. Children: If there is no surviving spouse, the deceased’s children may bring the claim.
3. Parents: In cases where there are no surviving spouses or children, the parents of the deceased have the right to file a wrongful death action.
4. Personal Representative: If none of the above parties file a claim within 60 days of the death, the personal representative of the deceased’s estate may initiate a wrongful death lawsuit.
Types of Damages in Wrongful Death Cases
In Kansas, wrongful death claims seek compensation for various types of damages incurred by the surviving family members and the estate of the deceased. These damages may include:
1. Economic Damages: These damages cover the financial losses associated with the death, such as medical bills, funeral expenses, and the loss of the deceased’s income and benefits.
2. Non-Economic Damages: Non-economic damages address the emotional and intangible losses experienced by the surviving family members, including pain and suffering, loss of companionship, and emotional distress.
3. Punitive Damages: In cases where the responsible party’s conduct is deemed particularly reckless or malicious, punitive damages may be awarded to punish and deter such behavior.
The Legal Process for Wrongful Death Actions
Filing a wrongful death lawsuit in Kansas involves a series of legal steps, which typically include:
1. Consultation with an Attorney: Before taking any legal action, it is advisable for the surviving family members to consult with an experienced wrongful death attorney who can evaluate the case’s merits and guide them through the process.
2. Investigation: Your attorney will investigate the circumstances surrounding the death, gather evidence, and consult experts if necessary to establish liability.
3. Filing a Lawsuit: Once the investigation is complete, your attorney will file a wrongful death lawsuit against the responsible party or parties.
4. Discovery: Both sides exchange information and evidence during the discovery phase of the lawsuit, which may include depositions, interrogatories, and document requests.
5. Settlement Negotiations: Many wrongful death cases are settled out of court through negotiations between the parties, with the assistance of their attorneys.
6. Trial: If a settlement cannot be reached, the case proceeds to trial, where evidence is presented, and a judge or jury makes a determination of liability and damages.
7. Judgment: If the court finds in favor of the plaintiff, it will issue a judgment specifying the compensation to be awarded to the surviving family members or the estate.
Wrongful death actions in Kansas are a legal avenue for grieving families to seek justice and compensation when a loved one’s death results from someone else’s negligence or wrongful actions. Understanding the eligibility criteria, types of damages, and legal process involved in these cases is crucial for those considering pursuing a wrongful death lawsuit. Consulting with a knowledgeable wrongful death attorney can provide valuable guidance and support during this difficult time, ensuring that the rights of the surviving family members are protected and that justice is served.
Contact us today to schedule a consultation. An experienced and knowledgeable wrongful death attorney can make all the difference. If you have further questions, please visit our wrongful death information center.
HUBBARD & KURTZ, L.L.P.
1718 WALNUT, KANSAS CITY, MISSOURI 64108
TEL: (816) 472-HOPE (4673)
FAX: (816) 472-5464
TOLL FREE: (877) 535-1163