If you have lost a loved one in an accidental death that was caused by the negligence or misconduct of another person, you are not at all alone. Every year, there are literally thousands of such wrongful deaths all across the United States.
In the immediate aftermath of losing a loved one, contacting a Kansas wrongful death lawyer may not seem like a high priority. Yet, you cannot afford to wait too long.
First, there is a two year statute of limitations from the date of death for filing a wrongful death suit. Second, the financial strain placed on your family due to the loss of your loved one will not wait. The sooner you file the lawsuit, the sooner you can expect to collect compensation.
Who Can File a Kansas Wrongful Death Suit?
In Kansas, whenever an accidental death is caused by a "wrongful act or omission" of another person, any "heir at law" can file a wrongful death suit in that person's stead.
Family members of the deceased are normally allowed to file the suit. Most commonly, it will be the spouse or a child of the deceased. If there is not spouse or child, or if the deceased was a young child himself, a parent can file. If there is also no parent available to file a sibling may do so. If there is any confusion within an extended family as to which person or persons can file the lawsuit, an experienced Kansas wrongful death lawyer will be able to sort things out.
If there is any question as to who the suit should be filed against, your Kansas wrongful death lawyer's advice will be invaluable. There may sometimes be multiple at-fault parties to file against for a portion of the compensation. Other times, if the at-fault party is deceased, you may need to file against his/her estate.
How Much Compensation Can One Expect to Collect?
The exact amount of compensation you are entitled to will vary based on the actual losses sustained, both economic and non-economic.
"Economic" losses you can file for in a wrongful death suit include:
- Funeral and burial costs.
- Medical expenses related to the deceased's final injuries/illness.
- Lost wages of the deceased and lost services he/she would have given to his family.
- The cost of replacement or repair of any property damaged in the accident.
There is no "cap" on economic damages. They are simply calculated based on their real-world costs. A good lawyer can assist you in accurately calculating these damages.
"Non-economic" damages, include the loss of consortium, loss of parental care, mental suffering, and/or emotional stress. Kansas caps these types of damages at $250,000. A skilled Kansas wrongful death lawyer can help maximize this area of compensation.
Contact Us Today
At Brad Pistotnik Law, we have a long track record of securing maximized reimbursements on Kansas wrongful death suits. While financial compensation cannot make up for the loss of a loved one, the lack of it can increase the burden of an already difficult time. We have the resources to ensure that you will be treated fairly and compensated in accordance with the law.
Pistotnik Law is based out of Wichita, Kansas, but we serve clients in municipalities spread out all across the state, including: Dodge City, Garden City, Liberal, Hays, Salina, Arkansas City, Goodland, Wellington, Pratt, Great Bend, El Dorado, Manhattan, and Abiline.
For a free legal consultation, feel free to contact Brad Pistotnik anytime 24/7 by calling him at 800-241-BRAD, 316-684-4400, or at his cell number, 316-706-5020. You can also contact Tony Atterbury at 316-617-9237.