Steps to Take When Filing a Wrongful Death Claim
In an instant, a loved one can die from someone else’s negligence. Maybe they were killed in a car accident. Or perhaps they slipped on ice that should have been shoveled and suffered a fatal brain injury.
This is called wrongful death. If your loved one died due to someone else’s negligence, action, or inaction, you may be able to file a claim for compensation.
Under Kansas Statute, Article 19, Section 60-1901, if the death of a person is caused by the wrongful act or omission of another, the victim’s family may file a claim for the damages if the deceased might have maintained the action had they lived. What this means is that if the victim had been able to file a personal injury case had they survived, then their family has the legal right to file a wrongful death case. Those eligible to file include heirs at law, and can include the surviving spouse, children, parents, grandparents, and siblings.
If you are considering filing a claim, you need to act quickly. Under Kansas law, you have just two years from the date of death to file a wrongful death lawsuit.
Establish Grounds for the Claim
You need to have grounds for the claim. To succeed, you must prove the following:
- Negligence or wrongful act caused the death
- Causation between the breach and death
- Damages resulting from the death
Gather Evidence
We will need various documentation to prove negligence. This may include the following:
- Medical records
- Accident reports
- Witness statements
- Autopsy reports
- Death certificate
- Any surveillance footage
- Expert testimony
- Proof of damages, such as lost wages
- Any communication records showing fault
Identify Damages
You can typically recover economic and non-economic damages in a loved one’s wrongful death. These include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of household services (such as childcare and maintenance)
- Pain, suffering, and mental anguish
- Loss of companionship, guidance, and love
- Loss of parental care (for children of the deceased)
If the decedent suffered pain, there may be a survivable estate or personal injury action.
Work With an Attorney
A wrongful death attorney can guide you through filing and litigation. It is always a good idea to hire one early on because wrongful death claims can be complex. Our experienced lawyers can help you understand the laws and processes involved.
Contact a Salina Personal Injury Attorney
The Salina wrongful death attorneys at Neustrom & Associates can advise you if you have a right to bring a wrongful death claim. We will also evaluate who is entitled to share in any monetary recovery under Kansas law. Schedule a consultation to learn more. Call our office at (785) 825-1505.