Wrongful Death Laws in Kansas
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Losing a loved one may leave you with immense emotional pain. Beyond that, returning to life as regularly scheduled may be difficult if your loved one contributed financially to your home.
Wrongful death actions differ from state to state and allow loved ones to recover financially for their beloved’s passing. While these lawsuits may not speed up the grieving process, they may make your financial worries less dire.
What is a Wrongful Death Lawsuit in Kansas?
A wrongful death lawsuit may be brought if the death of a person “is caused by the wrongful act or omission of another.” Often, a wrongful death claim is permissible when the cause of the person’s death would have been an actionable offense if the decedent had survived the effects. In other words, if the decedent died as a result of a slip and fall accident, a wrongful death suit may be brought, since a civil suit could have been brought by the decedent if he or she had survived the accident.
Who May File a Wrongful Death Claim in Kansas?
You may be bring a wrongful death claim if you are one of the “heirs at law” of your deceased loved one. An “heir at law” refers to family members and loved ones who are entitled to inherit from the decedent if he or she dies without a will.
Who the heirs at law are will depend on the particulars of the decedent’s familial situation, but usually heirs at law consist of one’s spouse, parents, children, siblings, and possibly extended family. Speaking with an attorney who is well-versed in wrongful death suits in Kansas may help shed light on whether or not you are entitled to file a wrongful death claim.
What Damages Are Available in a Kansas Wrongful Death Claim?
Kansas law recognizes that, when a loved one passes because of another’s actions, the wrong was done not only to the decedent, but to the entire family. Therefore, you may be able to recover for the mental anguish, loss of companionship, support, and care, and any medical or funeral expenses you have suffered as a result of your loved one’s death.
Loss of a loved one’s support is not limited to financial support. Courts have recognized that losing a loved one’s emotional support may also cause intense pain that deserves compensation. Speaking with an attorney about your suffering may be difficult, but it also may illuminate what sort of damages you might expect to be awarded in a wrongful death action.
How Long Do I Have to File a Wrongful Death Claim in Kansas?
Wrongful death claims must be brought within two years of the decedent’s death. While two years may seem like ample enough time, a lot can happen in two years to weaken an otherwise strong wrongful death case. Memories can fade and evidence can be lost or accidentally destroyed, either of which may leave you with a less valid wrongful death claim.
It is therefore important to seek legal representation as soon as reasonably possible after the death of a loved one. A skilled wrongful death attorney may be able to help guide you through the legal process while allowing you to focus the majority of your attention on getting your life back in order.
How Can I Learn More?
At Zinda Law Group, our wrongful death attorneys have helped thousands get their lives back on track after losing a loved one. We have the knowledge and resources necessary to help you seek maximum compensation for your loss.
Our firm also believes that you should never have to worry about their ability to afford excellent legal representation while grieving. That is why we offer 100% free consultations, and why you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your personal injury case. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.