Holding Negligent Parties Accountable
Losing a loved one due to someone else’s negligence or wrongdoing is one of the most devastating experiences a family can face. When a death occurs because of an accident, medical error, unsafe conditions, or other preventable circumstances, surviving family members may have the right to pursue a wrongful death claim.
While no amount of money can ever replace a life, a wrongful death lawsuit is a way for families to hold the responsible party accountable and recover financial compensation for the losses they have endured. This compensation can help cover expenses, replace lost income, and provide support during a time of profound emotional and financial hardship.
Understanding the types of damages that may be recovered in a wrongful death claim is an important step in seeking justice and closure.
Understanding Wrongful Death Damages
In a wrongful death case, “damages” refer to the monetary compensation awarded to the deceased person’s survivors. The types and amounts of damages available depend on several factors, including state law, the circumstances of the death, and the relationship between the survivor and the deceased.
In Kansas and many other states, wrongful death damages fall into two main categories:
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Economic Damages
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Non-Economic Damages
Each category covers different aspects of the harm suffered due to the untimely death.
Economic Damages in a Wrongful Death Claim
Economic damages are intended to compensate surviving family members for the actual financial losses resulting from the death. These are typically quantifiable and supported by documentation such as receipts, bills, tax records, or pay stubs.
Common economic damages include:
✅ Medical Expenses
Any medical costs related to treatment the deceased received before passing can be included in the claim. This could involve emergency room visits, hospital stays, surgeries, medications, or hospice care.
✅ Funeral and Burial Costs
Wrongful death compensation can cover reasonable funeral, cremation, and burial expenses. These costs often place a sudden burden on families already dealing with grief.
✅ Loss of Income and Financial Support
If the deceased was the primary income earner or contributed financially to the household, surviving family members may recover the future earnings the person would have provided. This includes salary, bonuses, retirement contributions, and other benefits.
✅ Loss of Services
Many individuals contribute to the household beyond income. This category compensates for the value of services the deceased provided, such as:
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Childcare
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Housekeeping
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Transportation
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Home maintenance
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Guidance in a family business
Replacing these services often comes at a cost, and families are entitled to recover compensation for those losses.
Non-Economic Damages in a Wrongful Death Claim
While economic damages cover tangible financial losses, non-economic damages recognize the emotional and personal impact of the death on the surviving family. These damages are more subjective but just as important.
✅ Loss of Companionship and Consortium
Surviving spouses can pursue damages for the loss of marital companionship, emotional support, and intimacy that the deceased provided. This type of damage reflects the impact on the spouse’s personal life and emotional well-being.
✅ Loss of Parental Guidance and Support
Children who lose a parent may recover damages for the loss of parental nurturing, guidance, love, and education. These damages reflect the profound effect the loss has on a child’s emotional development and stability.
✅ Mental Anguish and Emotional Distress
Survivors may also be awarded compensation for the pain and suffering they endure as a result of losing a loved one. Grief, depression, anxiety, and the emotional toll of the loss can significantly impact a person’s quality of life.
✅ Loss of Society and Comfort
This refers to the overall impact of the death on the family structure and relationships. A sibling, parent, or close relative may pursue damages for the loss of a supportive relationship.
Who Can Recover Damages in a Wrongful Death Claim?
Under Kansas law, wrongful death claims can typically be filed by the heirs at law of the deceased. This often includes:
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Spouse
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Children (including adopted children)
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Parents (if the deceased was a minor or unmarried)
Other family members or individuals who relied on the deceased may also be eligible, depending on the circumstances.
The court may distribute damages among eligible family members based on the nature of their relationship with the deceased and the losses they suffered.
Caps on Wrongful Death Damages in Kansas
Kansas places a cap on non-economic damages in wrongful death cases. As of recent updates, the maximum amount recoverable for non-economic losses such as pain and suffering, loss of companionship, and emotional distress is $250,000.
There is no cap on economic damages in Kansas. Families can still recover the full amount of lost income, medical bills, funeral costs, and other measurable financial losses, even if non-economic damages are limited.
Punitive Damages in Wrongful Death Cases
In certain cases, punitive damages may also be awarded. These damages are not intended to compensate the family, but rather to punish the at-fault party for conduct that was especially reckless, intentional, or egregious.
For example, punitive damages may be available if the wrongful death was caused by:
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Drunk driving
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Intentional assault
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Corporate misconduct or dangerous products
Punitive damages are rare and require clear and convincing evidence of extreme wrongdoing.
How Damages Are Calculated
Determining the appropriate amount of compensation in a wrongful death case involves reviewing a wide range of factors, such as:
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The deceased’s age, health, and life expectancy
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Their earning potential and employment history
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The nature of their relationship with surviving family members
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The emotional and psychological impact on survivors
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Medical and funeral documentation
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Expert testimony from economists or grief counselors
Every case is unique, and a qualified attorney can present the strongest possible evidence to ensure that families receive the maximum compensation allowed by law.
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.
