In Need of a Wrongful Death Lawyer?
At Wallentine Injury Law, LLC, our Kansas personal injury lawyers know a wrongful death in Kansas is a profoundly devastating event, leaving families with emotional trauma, financial hardship, and countless unanswered questions.
Losing a loved one to someone else’s negligence or recklessness is a tragedy no family should endure alone. Our experienced Kansas wrongful death attorneys understand the depth of this loss and are here to offer compassionate support and relentless legal representation.
We handle all aspects of the legal process, from investigating the circumstances of the death to identifying liable parties and pursuing total compensation for funeral expenses, lost income, and the family’s emotional suffering. While nothing can replace the loss you’ve suffered, our team is committed to seeking justice and protecting your family’s future.
With decades of combined experience and a track record of representing over 1,000 clients in jury trials, bench trials, motion hearings, mediations, and settlements, our dedicated personal injury attorneys and support team are committed to delivering assertive, truth-focused, and client-centered advocacy.
If you’ve lost a loved one due to negligence in Kansas, our wrongful death attorneys are here to listen, support, and pursue justice on your behalf. Schedule a free consultation to share your story, and allow us to handle the complexities of your case, letting you focus on grieving and healing with your family while we work tirelessly to secure the compensation you deserve.
What is the Definition of Wrongful Death in Kansas?
In Kansas, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party. Essentially, it occurs when someone’s actions or negligence leads to a death that could have otherwise resulted in a personal injury claim had the person survived.
Who Can Be Held Liable for Wrongful Death Circumstances in Kansas?
In Kansas, several parties may be held liable for the wrongful death of a loved one, depending on the circumstances of the incident.
Those who could be held responsible include:
- Individuals: If another person’s negligence or reckless actions directly caused the death, such as in cases of car accidents or violent acts, that individual could be held liable.
- Businesses or Employers: If an employee acted within the scope of their employment and their actions led to the death, their employer may be held accountable, particularly if inadequate training or unsafe policies were factors.
- Medical Professionals or Healthcare Facilities: In medical malpractice cases, the responsible physician, nurse, or healthcare facility may be liable if negligent care directly leads to wrongful death.
- Product Manufacturers: If a defective product, such as faulty machinery or unsafe consumer goods, caused the death, the manufacturer or distributor of the product could be held responsible.
- Property Owners: If unsafe conditions on the property led to a fatal accident, such as a slip and fall or a structural collapse, the property owner might be held liable under premises liability laws.
Kansas wrongful death claims require proving that the negligence or wrongful act of one of these parties directly caused the death, and our experienced attorneys can help you investigate and identify all responsible parties to seek justice for your loved one.
Who is Eligible to File a Wrongful Death Claim in Kansas?
In Kansas, the law allows specific family members and representatives to file a wrongful death claim to seek compensation for the loss of a loved one.
Those eligible to file a wrongful death claim include:
- Heirs-at-Law: This typically includes immediate family members, such as the surviving spouse, children, and parents of the deceased. They have the primary right to bring forward a wrongful death claim.
- Other Dependents or Close Relatives: In some cases, other relatives who were financially dependent on the deceased or had a close relationship may be eligible to file a claim. Depending on the unique circumstances, this could include siblings or other family members.
- Personal Representative of the Estate: If the deceased had a will or estate plan, the personal representative (executor) may file the wrongful death claim on behalf of the deceased’s estate and the surviving family members.
Our Kansas wrongful death attorney can help determine eligibility for filing a claim and guide families through the legal process to pursue justice and compensation for their loss, starting with a free consultation.
What Type of Damages Can I Pursue During a Kansas Wrongful Death Claim?
In a Kansas wrongful death claim, eligible family members can pursue various types of damages to compensate for the financial and emotional impact of their loved one’s untimely death.
These damages typically include:
Economic Damages
- Medical Expenses: Any medical costs incurred due to the injury or illness that led to the death.
- Funeral and Burial Costs: Compensation for funeral, burial, or memorial services expenses.
- Loss of Financial Support: Compensation for the lost wages and benefits the deceased would have provided their family if they lived.
- Loss of Household Services: The value of household tasks the deceased would have contributed, such as childcare, maintenance, and other domestic responsibilities.
Non-Economic Damages
- Mental Anguish and Grief: Compensation for the emotional suffering and grief experienced by family members as a result of the loss.
- Loss of Companionship: Compensation for the loss of love, companionship, guidance, and emotional support the deceased would have provided.
- Loss of Parental Guidance: Compensation for the loss of guidance and nurturing the deceased would have provided to surviving children.
In rare cases, punitive damages may be awarded if the wrongful death was caused by extreme recklessness or intentional misconduct. These damages are intended to punish the at-fault party and deter similar conduct in the future.
Each wrongful death claim is unique, and the damages available depend on the case’s specific circumstances. Our experienced Kansas wrongful death attorneys and support staff can help evaluate your claim, identify all potential damages, and pursue the total compensation you and your family deserve. Contact us today to learn more.
How Long Do I Have to File a Wrongful Death Claim in Kansas?
In Kansas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means eligible family members or representatives must initiate legal action within this two-year timeframe; otherwise, they may lose the right to pursue compensation.
Since Kansas has strict deadlines for wrongful death claims, it’s essential to consult our experienced Kansas personal injury attorneys as soon as possible. We can help ensure all necessary legal steps are completed on time, preserving your right to seek justice and compensation for your loss.
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Contact Our Trusted Wrongful Death Attorneys in Kansas For Help
Losing a loved one is an unimaginable tragedy, and pursuing a wrongful death claim may feel overwhelming during such a painful time. At Wallentine Injury Law, we understand the profound emotional and financial toll this loss has placed on you and your family.
Our compassionate Kansas wrongful death attorneys are here to listen, support, and guide you through each step, providing the care and dedication you deserve. Allow us to help you seek justice and hold the responsible parties accountable. Contact us today for a free, no-obligation consultation, and let us stand by your side in your journey toward healing and justice.
Call us now at (913)-934-6333 or contact us online to get started. You need Jerry.
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