Wrongful Death Attorneys in Olathe, Kansas
Dealing with a loved one’s death can be devastating to any family. It can be even more devastating when it is a wrongful death incident. Victims’ relatives are entitled to fair compensation for their monetary and material losses and emotional pain and suffering.
At Adams Cross, LLC, we’re ready to advocate on your behalf during this difficult time. If you live in Olathe or anywhere in the surrounding areas of Johnson County, Lawrence, Wyandotte County, and the Kansas City Metro, contact our team of personal injury attorneys to get started.
What Is a Wrongful Death in Kansas?
A wrongful death refers to a situation in which a person’s death could have been avoided. Note the importance of the term “could have been avoided.” In other words, a wrongful death involves a negligent action that led to a person’s death.
For example, the careless use of a firearm causing someone’s death would constitute a wrongful death. How so? The death would not have occurred if the firearm had been handled according to proper gun safety measures. In this example, the individual operating the firearm would be legally liable for a wrongful death. Additionally, criminal charges may ensure depending on the case’s specific circumstances.
Please note that there are various ways in which a wrongful death may take place. For instance, the following may lead to a wrongful death:
Workplace accidents and illnesses
Reckless weapon handling
Poisoning or overdoses
The basis of any wrongful death claim in Kansas is negligence. Therefore, proving negligence is key to ensuring a wrongful death claim’s successful outcome.
Additionally, taking Kansas’s statute of limitations into account is crucial. In the state of Kansas, victims’ families have two years to file a wrongful death claim from the incident’s date. Filing a wrongful death claim within the two-year window is pivotal. Otherwise, filing a wrongful death claim after the statute of limitations has passed may automatically cause the claim to be dismissed.
A skilled personal injury attorney on your side can help you move forward.
Why File a Wrongful Death Claim?
Many people ask themselves why they should file a wrongful death lawsuit in Kansas. After all, filing a wrongful death claim will not bring their loved ones back. While it is true that a wrongful death lawsuit will not bring deceased individuals back, filing a wrongful death claim can be beneficial for you and for others. First, it can hold the responsible party accountable so that this doesn’t happen to other families. Second, victims’ families often deal with overwhelming financial situations such as medical bills, hospital stays, funeral expenses, and burial costs. Seeking fair compensation through a wrongful death claim is only fitting, giving victim’s families a much-needed financial boost.
Who Can File a Wrongful Death Claim in Kansas?
Victims’ family members, such as a surviving spouse or adult children, can file a wrongful death claim in Kansas. Additionally, parents and siblings may also file a wrongful death claim on a loved one’s behalf.
Consult with a personal injury or wrongful death attorney to determine the best course of action. The stress, anguish, and grief may be overwhelming. Having a trusted personal injury attorney on your side can help facilitate the claims process and offer you peace of mind.
What Needs to Be Proven to Constitute Wrongful Death?
Remember that the key element to prove is negligence. Negligence refers to failing to perform one’s duty, follow appropriate safety guidelines, or ensure proper conditions. For instance, an employer fails to provide workers with adequate safety equipment. Then, a worker suffers a fall that could have been prevented with proper safety equipment. This accident leading to death would constitute a wrongful death.
Additionally, a wrongful death lawsuit must prove the victim did not act recklessly. For example, refusing to use appropriate workplace safety equipment would constitute negligence on the worker’s part.
Victims’ families must provide all relevant documentation, such as police reports, workplace safety inspections, footage, medical records, and emergency room reports. Furthermore, expert testimony may be needed, such as in medical malpractice cases.
What Damages Can Be Awarded in a Wrongful Death Claim in Kansas?
Damages awarded are expressed in monetary terms. Please note that this situation is not about putting a “price” on a loved one. It is about seeking fair compensation for financial losses such as medical expenses, funeral costs, and lost income. These elements are relatively straightforward to calculate.
On the other hand, emotional pain and suffering may be quite complicated to express in monetary terms. That is why enlisting the help of a professional personal injury lawyer and wrongful death attorney can help victims’ families determine the right amount to seek for compensation.
Wrongful Death Attorneys in Olathe, Kansas
At Adams Cross LLC, we fight hard for our clients’ right to fair compensation. We understand what it’s like to lose a loved one. We also know how unfair it is to lose a loved one to a wrongful death. Call today to speak with an attorney in the Kansas City area who is ready to stand by your side.