Key Elements of a Wrongful Death Lawsuit
Losing a loved one is an incredibly painful experience, and when that loss is due to someone else’s negligence or intentional actions, the grief can be even more profound. In Kansas, surviving family members have the legal right to pursue a wrongful death lawsuit to seek justice and compensation for their loss.
Filing a wrongful death claim not only helps ease the financial burden caused by the loss but also holds the responsible party accountable for their actions. While no amount of money can truly make up for the loss of a loved one, a successful lawsuit can provide much-needed closure and support for the future.
At Adams Cross, LLC, we understand the emotional and financial toll that comes with the unexpected loss of a loved one. Based in Olathe, Kansas, our law firm is committed to delivering compassionate and skilled legal representation to families seeking justice through wrongful death and personal injury claims.
With a strong track record of successful outcomes and personalized client care, our experienced attorneys are here to help you understand the key elements that are involved in a wrongful death lawsuit.
An Overview of Wrongful Death
A wrongful death occurs when a person dies as a result of another party's wrongful act, neglect, or default. In Kansas, the law allows certain family members (referred to as "heirs-at-law") to file a lawsuit seeking damages for their loss. These heirs typically include the deceased person's spouse, children, and in some cases, parents or siblings.
The purpose of a wrongful death lawsuit isn’t only to seek compensation but also to hold the responsible party accountable and help prevent similar tragedies in the future.
Kansas Statutes Annotated (K.S.A.) § 60-1901 to § 60-1906 govern wrongful death actions in the state. These statutes outline who can file a claim, what damages are recoverable, and the procedures for pursuing such a lawsuit.
Additionally, Kansas law sets a specific time limit, generally two years from the date of death, for filing a wrongful death claim, which means it's crucial to act promptly.
Who Can File a Wrongful Death Lawsuit?
In Kansas, only certain individuals are eligible to file a wrongful death lawsuit. These typically include the following:
Spouse: The surviving husband or wife of the deceased.
Children: Biological or legally adopted children of the deceased.
Parents: In cases where the deceased has no surviving spouse or children, parents may have the right to file.
The court will determine the distribution of any awarded damages among the heirs by considering factors such as the degree of loss each heir has suffered.
In rare cases, siblings and other relatives may also be eligible to file, particularly when no immediate family members are available or able to pursue the claim. However, eligibility can vary depending on the specific circumstances and relationships involved.
A skilled attorney can help you determine your standing as an heir-at-law and guide you through the process of filing a wrongful death lawsuit in Kansas.
Key Elements of a Wrongful Death Lawsuit
To successfully pursue a wrongful death lawsuit in Kansas, you must establish certain elements. While these may vary depending on the specific circumstances of your case, the general elements you will need to address include the following.
Death of a person: The individual must have died as a result of another party's actions.
Negligence or intentional act: The defendant's actions must have been negligent or intentional.
Causation: There must be a direct link between the defendant's actions and the death.
Damages: The surviving family members must have suffered quantifiable losses due to the death.
Each of these elements plays a critical role in the success of a wrongful death claim. Proving these elements often requires substantial evidence, including medical records, expert testimony, accident reports, and witness statements.
Types of Damages in a Wrongful Death Lawsuit
Since the burden of proof lies with the plaintiff, working with an experienced personal injury attorney can greatly improve the chances of building a strong case and recovering compensation. Kansas law permits the recovery of both economic and non-economic damages in wrongful death lawsuits, including the following.
Economic Damages
Economic damages are intended to alleviate the financial burden resulting from the loss of a loved one. These are tangible financial losses that can be quantified, including:
Medical expenses: Costs incurred for medical treatment prior to death.
Funeral and burial expenses: Costs associated with the deceased's funeral and interment.
Lost wages: Income the deceased would have earned had they lived.
Loss of services: Value of services the deceased would have provided, such as childcare or household maintenance.
By compensating for these measurable losses, the court aims to help surviving family members maintain financial stability following the death of a loved one.
Non-Economic Damages
Non-economic damages are intended to provide compensation for any emotional stress or trauma experienced by the surviving family members. These damages are intangible losses that cannot be quantified, such as:
Mental anguish: Emotional suffering experienced by the survivors.
Loss of companionship: The absence of the deceased's presence and relationship.
Loss of guidance or nurturing: The deprivation of parental or spousal support.
It's important to note that Kansas imposes a cap on non-economic damages in wrongful death cases. As of the latest update, the cap is $250,000. However, there’s no cap on economic damages.
Statute of Limitations for Filing a Wrongful Death Lawsuit
In Kansas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person's death. This means that legal action must be initiated within this time frame, or you may lose your right to sue. Failing to act within the deadline can result in the court dismissing the case entirely, regardless of its merits.
However, there are exceptions to this rule, such as the "discovery rule," which may apply if the cause of death wasn’t immediately apparent. In such cases, the two-year period may begin when the cause of death is discovered or reasonably should have been discovered.
These exceptions are applied narrowly, and determining whether they apply often requires legal analysis. To protect your rights and confirm compliance with critical deadlines, it’s essential to consult with a personal injury attorney as soon as possible.
Contact an Experienced Wrongful Death Attorney Today
If you’ve lost a loved one due to circumstances that may warrant a wrongful death claim, consulting with our knowledgeable personal injury attorneys at Adams Cross, LLC can help you understand your options.
Located in Olathe, Kansas, we serve clients throughout Johnson County, Lawrence County, Wyandotte County, and the Kansas City Metro Area. Our attorneys are experienced in handling personal injury and wrongful death cases, and can guide you through the process. Contact us today to schedule a consultation.