Wrongful Death Claim
Winning Results for Over 3,000 Clients Since 1979
“Salina’s Premier Injury Law Firm”
Wrongful death is a claim against a person who can be held liable for a death. The claim is brought in a civil action usually by close relatives, as enumerated by statute.
For over 30 years, we have helped Kansas families with demonstrated results. We have successfully handled hundreds of cases. We win. Or no fee.
What is a Wrongful Death Claim?
When someone dies due to the fault of another person or large corporation, the survivors or heirs may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the family’s loss, such as lost wages, lost companionship, and funeral expenses.
A wrongful death claim exists when a person dies due to the legal fault of another person. Kansas has a wrongful death act. All of your rights and duties are set forth in that statute and the cases that have interpreted it.
Wrongful death claims involve all types of fatal accidents from car accidents to complicated nursing home, professional malpractice or product liability cases. A person, company, or governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.
Who May Sue for Wrongful Death?
A wrongful death claim may be filed by a family member, heir or legal representative on behalf of the survivors who suffer damage from the decedent’s death. The representative may be the executor of the decedent’s estate, the spouse or a child. They bring the action on behalf of all the heirs at law.We can advise you if you have the right to bring a claim; if the claim is a good legitimate case; and who is entitled to share in the recovery under Kansas law.
Parents of a deceased fetus. If the baby is viable, the death of a fetus can be the basis for a wrongful death suit.
Who May Be Sued for a Wrongful Death?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees who have caused harm. For example, a wrongful death action might include defendants such as:
- the driver or employer at fault in an automobile accident
- the designer or builder of the faulty roadway
- a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
- the manufacturer, distributor, or installer of a faulty or dangerous product
- the owner of the premises where a fall or mishap is caused by a dangerous condition.
- Professional negligence.
- Nursing home negligence or abuse..