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The Basics of Kansas Wrongful Death Claims

David Adams May 16, 2015

If you’ve lost a loved one in a Kansas motor vehicle accident, you could have grounds to file a wrongful death lawsuit against the responsible party.

Who Can File a Wrongful Death Lawsuit in Kansas?

In general, an eligible heir can file a wrongful death lawsuit if there would have been grounds for a personal injury action should the person involved in the accident not have died. The steps of establishing fault in the accident are the same as if the accident hasn’t resulted in a death.

Kansas law sets forth who can file a wrongful death lawsuit in Kansas. In most cases, the following family members of the decedent can file a wrongful death case in Kansas state court:

  • Spouse

  • Children

  • Parents (only if no spouse or children)

  • Brother or sister (only if no spouse, children, or parents)

  • The parents of a young child who is killed

Wrongful death claims can become complex when there are multiple parties who are eligible to file suit. In these cases, it’s particularly important to contact an experienced Olate, Kansas wrongful death lawyer to ensure that the proper procedures are followed and to ensure that each party receives that to which they’re entitled.

Damages in A Kansas Wrongful Death Case

Accurately estimating the appropriate amount in damages is particularly important in wrongful death claims, as many of these end in a settlement. Kansas law allows for wrongful death plaintiffs to recover monies for things including funeral costs, the decedent’s medical bills, mental anguish, pain and suffering, loss of marital or parental care, and other economic damages such as lost future wages and pensions. However, not every wrongful death plaintiff is eligible to recover monies in each of these areas. Still, it’s important that you don’t short-change yourself – a skilled Olathe, Kansas wrongful death attorney has the knowledge necessary to correctly calculate the damages in a wrongful death case.

If your loved one was killed in a Kansas car accident and you’re wondering if you can file a wrongful death case, contact Adams Cross, LLC for a free, no-obligation consultation.