Wrongful Death – Neustrom & Associates https://www.neustrom.com Salina Injury Law Firm Fri, 20 Oct 2023 17:13:31 +0000 en-US hourly 1 https://wordpress.org/?v=4.8 How Does Kansas Law Define Wrongful Death? https://www.neustrom.com/2023/07/15/how-does-kansas-law-define-wrongful-death/ https://www.neustrom.com/2023/07/15/how-does-kansas-law-define-wrongful-death/#respond Sat, 15 Jul 2023 16:06:46 +0000 https://www.neustrom.com/?p=1292 How Does Kansas Law Define Wrongful Death?

Sometimes a person’s life is taken far too soon. Fatalities due to someone else’s negligence or intentional act entitle heirs to compensation.

You may be able to file a claim for compensation. In Kansas, a wrongful death lawsuit can be filed within two years of the person’s death. There are exceptions, the most common exceptions are for minors or incompetents. If you do not know if you are timely, ask us. You may wonder: what exactly qualifies as wrongful death? Here is a look at the state law.

What the Law Says

Under Kansas State Legislature, Section 60-1901, a wrongful death occurs when a person’s death is caused by someone else’s wrongful act or omission. The law also states that a wrongful death claim can be filed if the deceased person could have brought a personal injury claim had they lived. What this means is that a wrongful death lawsuit is like a personal injury lawsuit, except that a family member is suing on the deceased person’s behalf.

Under the law, an unborn child in some instances may be included as a possible victim.

A wrongful death may occur from negligent acts, such as car, truck or motorcycle crashes, malpractice, workplace accidents, slips and falls, and other accidents. A wrongful death may also be intentional, such as a crime. A person who murders a person or otherwise intentionally causes them to die can be sued for wrongful death.

Filing a Claim

Under Kansas law, a deceased’s “heir at law” may bring a claim on behalf of all the heirs at law. Claim is made for damages of the decedent and family losses. In most cases, this includes:

  • The surviving spouse and any children
  • If no spouse, the surviving children
  • If no spouse or children, the surviving parents
  • Then grandparents and if none the surviving siblings

In Kansas, any damages awarded in a wrongful death case are to be distributed among all eligible heirs. Damages may include financial compensation for:

  • Funeral and burial expenses
  • Medical bills that the deceased person may have had before death
  • Lost wages
  • The value of household services the deceased person performed
  • Mental anguish and suffering of the survivors
  • Loss of the deceased person’s companionship, care, support, and guidance.

Estate Claim

The estate can also bring a claim which we normally file in the same suit, for any conscious pain and suffering of the decedent, economic loss, and other damages of the decedent.

Contact Our Kansas Wrongful Death Attorneys Today

It is always tragic when a person dies unexpectedly, and their death could have been prevented. It is important to hold people and corporations accountable for their wrongdoing or fault. If your loved one was killed by someone else’s negligence, call us for information right away.

Count on the Kansas wrongful death attorneys at Neustrom & Associates to help you through this devastating experience. These claims are complex, and we know there is a lot on the line.

As of 2023, we have filed more of these cases than anyone else in our area.

Schedule a free consultation today by calling (785) 825-1505 or filling out the online form.

]]> https://www.neustrom.com/2023/07/15/how-does-kansas-law-define-wrongful-death/feed/ 0 Damages A Loved One Can Claim for Wrongful Death https://www.neustrom.com/2021/02/25/damages-a-loved-one-can-claim-for-wrongful-death/ https://www.neustrom.com/2021/02/25/damages-a-loved-one-can-claim-for-wrongful-death/#respond Thu, 25 Feb 2021 16:24:02 +0000 https://www.neustrom.com/?p=1155 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.

]]> https://www.neustrom.com/2021/02/25/damages-a-loved-one-can-claim-for-wrongful-death/feed/ 0 What is a Wrongful Death Action and Who Can Bring One in Kansas https://www.neustrom.com/2016/01/09/what-is-a-wrongful-death-action-and-who-can-bring-one-in-kansas/ https://www.neustrom.com/2016/01/09/what-is-a-wrongful-death-action-and-who-can-bring-one-in-kansas/#respond Sat, 09 Jan 2016 17:38:21 +0000 http://50.28.1.231/~neustrom/?p=300

What is a Wrongful Death Action and Who Can Bring One in Kansas?

Wrongful death suits in Kansas are defined in K.S.A. 60­1901. The law provides that any of the heirs of the decedent may bring an action for wrongful death. Distribution of recoveries is specified in the article so that should one heir recover in this type of action, all heirs suffering damages will be entitled to recover in varying portions. Damages shall be awarded only to heirs or family members and no other parties. Recoveries outside of pecuniary loss are limited to $250,000.

Act Or Omission

Wrongful death is defined as death caused by the “wrongful act or omission” of another. An act might include simple negligence or even malicious intent to bring about death or bodily harm, negligence by disregarding a significant risk placing the decedent in danger, or recklessness.

Lack of action can bring about a wrongful death claim. The existence of special relationships between the decedent and defendant establish specific obligations, known in the law as duties. Drivers or trucks and cars have duties. People who undertake such professions such as accountants, lawyers and doctors have duties, Ambulance paramedics or school bus drivers take on clearly specified duties along with the job title, and enter into these relationships with any and all who fall under their professional care. The failure to execute a duty is recognized as an affirmative offense and brings about fault or liability. Failure to enact either duty can give rise to a wrongful death action.

It is important to understand that the act or omission to act causing death must be wrongful. Only with the existence of certain relationships recognized by law do actionable duties exist. Nursing homes, hospitals, truckers al have duties to do their jobs right. Similarly, intentional acts causing death must be wrongful. If a loved one has passed under circumstance you believe are linked to the wrongful act or failure to act by another, time is of the essence. Under most circumstances, the statute of limitations for bringing a wrongful death action in Kansas is two years after the date of death, after which, a defendant can dismiss a claim. Children may have longer time periods to bring claim. Time of discovery is important as well.

Contact Our Office For Help

Contact the office of Neustrom & Associates for a free initial consultation and learn your rights and possibilities for recovery. If you believe your loved one was a victim of wrongful death, don’t hesitate to contact our firm immediately. You can contact our offices in Salina by calling 785-825-1505.

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