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.