Damages A Loved One Can Claim for Wrongful Death
When you receive news that a close family member passed away due to an unintentional injury, you will likely first focus on healing from your emotional devastation. However, over the coming weeks and months, you might begin to realize the financial and practical losses your family has suffered as well. In addition, if you learn that someone else caused their fatal injuries, you might want to seek justice for their – and your – loss.
Like every state, Kansas has its own laws regarding wrongful death claims, including who can file a claim and what they might recover. Below is some general information about damages that might be available to loved ones for wrongful death. To discuss your specific situation, contact our Salina wrongful death attorney directly. We are ready to advise and help you in this difficult time.
Financial Recovery for Wrongful Death
After a wrongful death, there is no way to go back in time to prevent the fatal injury from happening. Instead, the law tries to best compensate loved ones by allowing them to seek monetary compensation for certain damages. Damages refer to the losses you experienced as a result of the wrongful death.
Some damages directly relate to the losses caused by the injury and death itself, such as:
- Medical expenses for life-saving treatment your loved one received prior to succumbing to their injuries
- Burial and funeral costs
- The income that your loved one would have earned had they lived and continued working
- The value of lost household services, such as childcare, cleaning, or maintenance, that your loved one usually performed
- Property damage costs related to the fatal accident, such as a totaled car
The above are commonly called “economic” or “pecuniary” damages, and there is no limit to what family members can receive for this type of loss in Kansas.
Other types of losses are “non-economic,” which means they do not directly stem from bills or monetary losses. These include:
- Emotional suffering, anguish, or bereavement
- Loss of care, comfort, protection, or society
- Loss of spousal attention, care, or counsel for surviving spouses
- Loss of parental care, guidance, or education for surviving children
When it comes to non-economic losses, Kansas law still caps them at $250,000. Losses should be itemized to ensure that no caps apply to economic losses.
Once you are awarded damages, the court will distribute them among the heirs as deemed appropriate. There might be a separate hearing held to decide just how damages are allocated.
Contact a Salina Wrongful Death Lawyer for Help Today
Insurance companies and defendants in wrongful death cases are always seeking to limit damages, even though you suffered a tragic loss. You want to ensure that justice is served and your family receives full compensation for all of the economic and non-economic losses you incurred. You want to have a Salina wrongful death attorney from Neustrom & Associates on your side, so please contact us through our website or call 785.825.1505 for a free, no-obligation consultation.