Liberal Wrongful Death Lawyers
In a perfect world, there would be no need for wrongful death lawsuits, but sadly, that’s not the world we live in. Unfortunately, lives are sometimes tragically cut short due to negligence or willful wrongdoing.
In Kansas, state statutes govern the legal actions around wrongful death lawsuits, and our Liberal wrongful death lawyers have extensive experience dealing with these laws. Under Kansas law, wrongful death is considered the death of an individual that was caused by the wrongful action or inaction of an individual.
This means a wrongful death claim could arise from negligent actions, such as the neglectful care of an elderly person. It could also come from a malicious action, such as an assault. A wrongful death claim might also arise from irresponsible inaction, such as a doctor’s refusal to treat a condition that is clearly life-threatening.
Common Causes of Wrongful Death Claims
In Kansas, our Liberal wrongful death lawyers can help you sort through the details of your case and help you determine the best course of action. That being said, some situations are more likely to lead to wrongful death claims than others.
All wrongful death claims involve an untimely death. In some cases, a person sustains fatal injuries due to someone else’s negligence, and they would have been entitled to compensation for medical costs, lost wages, lower quality of life, and more. After the person passes, surviving loved ones can move forward with legal action to recover this compensation and compensation related to the victim’s passing. The most common situations include the following:
Homicide
Wrongful death lawsuits are probably best known as the civil action some families take after the homicide of a loved one. Families will often pursue a wrongful death lawsuit because proving liability for a wrongful death is a lower bar than providing guilt beyond a reasonable doubt. Plaintiffs in wrongful death lawsuits only need to prove liability based on a preponderance of evidence.
Medical Malpractice
Doctors, nurses, and other healthcare professionals have very difficult jobs, and they aren’t expected to be perfect. However, if a medical professional is negligent in their responsibilities or malicious towards a patient and it leads to death, that professional could be found liable.
Motor Vehicle Accidents
Motor vehicle accidents are quite common, but when a driver’s negligent or malicious actions lead to a fatality, that driver could be found liable in a wrongful death lawsuit. For example, someone who causes a fatality while driving drunk could be found liable.
Workplace Accidents
It is an employer’s responsibility to ensure that their workplace is as safe as possible. It is a major responsibility in industries that tend to be more dangerous than others, such as construction. If an employer cuts corners when it comes to safety and it leads to a fatality, that employer would likely become the target of a wrongful death lawsuit.
Elder Abuse
Elderly folks in our population are among the most vulnerable, and people in nursing care facilities have the responsibility of looking after our loved ones who can no longer take care of themselves. Unfortunately, elder abuse happens, and it can result in death.
While these are some of the more common causes of wrongful death lawsuits, they aren’t the only ones. In Kansas, our Liberal wrongful death lawyers can evaluate some of the more unique situations involving an untimely death and recommend courses of action.
Who Can File a Wrongful Death Claim in Kansas?
Determining who has the right to file a wrongful death lawsuit is relatively straightforward in most situations. Typically, a surviving spouse or surviving children will take legal action against those they believe were responsible for the death of their loved ones. However, unique situations will arise occasionally, and Kansas has legal guidelines for establishing the right to file a wrongful death lawsuit.
Under Kansas law, anyone who stood to inherit from the decedent is known as an “heir-at-law” and they could file a wrongful death lawsuit if they sustained losses. Also, any heirs-at-law can join a wrongful death claim at any time. But even if heirs-at-law don’t join a lawsuit, they are entitled to any compensation that is recovered if they suffered losses.
Statute of Limitations for Filing a Liberal Wrongful Death Case in Kansas
A statute of limitations is the window of time in which legal action can be taken after an event. When it comes to filing a wrongful death lawsuit, heirs-at-law have two years from the date that the decedent passed. After two years, heirs-at-law give up their right to take action. In some situations, a court will extend the statute of limitations. For example, a judge might extend the statute for a minor child to take action once they become a legal adult.
Because heirs-at-law in Kansas have a limited window of time for taking legal action, it’s usually best to consult with our Liberal wrongful death lawyers as soon as possible. In addition to not forfeiting the right to take action, consulting an attorney as soon as possible helps support the best possible claim. Attorneys and their investigators want to move quickly to collect evidence and interview witnesses. By moving quickly, wrongful death lawyers can prevent evidence from being lost and witness memories from fading.
How Will an Attorney Help a Liberal Wrongful Death Case?
Because most wrongful death cases can be complicated and the stakes tend to be fairly high, it is critical for surviving loved ones to consult with a wrongful death lawyer.
First and foremost, attorneys with experience in this area of law also have experience with tragedy. They understand that people grieve differently and how to handle such a delicate situation. This is an unofficial part of the job, but it’s an important one, nonetheless.
Investigating the Case
Wrongful death attorneys can also use their experience to conduct investigations of the circumstances around an untimely passing. These situations are rarely straightforward, and those responsible typically do everything they can to avoid liability, such as covering up their role in the death or trying to shift blame to the victim themselves. For example, a brake manufacturer that is sued for wrongful death after a deadly car crash might try to avoid liability by arguing that the driver was speeding at the time of the accident.
Wrongful death attorneys are well versed in these tactics and know how to counter them. They also have a network of experts who can refute an argument made by the defense. Using the previous example, an auto parts expert might argue that a manufacturing defect in a vehicle’s brakes led to a deadly crash, and not the driver’s actions. A network of experts is invaluable when it comes to pursuing claims that involve technical or medical issues.
Explaining Legal Rights
First and foremost, Liberal wrongful death lawyers can help surviving loved ones identify the correct heirs-at-law. For example, if a decedent is survived by their spouse or at least one child, any parents or siblings cannot file or join a wrongful death lawsuit. Experienced lawyers can also help heirs-at-law wrap their heads around the legal actions they are entitled to under Kansas laws.
Compensation You Can Recover
If heirs-at-law decide to move forward with legal action, our experienced attorneys can help them recover the compensation to which they are entitled. This typically includes compensation for economic and non-economic losses.
Economic losses in a wrongful death case include the quantitative financial losses associated with someone’s untimely death. Typically, these losses include medical bills, funeral expenses, and lost income that the decedent would have earned had they kept on living. Calculating these material losses tends to be rudimentary.
Non-economic losses in a wrongful death case include losses that are difficult to quantify financially. But these losses can be even more devastating than a stack of medical bills. For example, the untimely death of a young mother might mean that a grieving husband has to move forward without his partner, and their children must live the rest of their lives knowing their mother was taken from them too soon.
Understandably, calculating non-economic losses can be challenging. Our experienced attorneys will use past judgments and legal precedents to pursue compensation on behalf of their clients.
In some situations, plaintiffs in a wrongful death lawsuit can recover punitive damages. A court awards these damages when the neglectful or malicious behavior of a liable party is particularly egregious. Experienced wrongful death lawyers who think a case qualifies for punitive damages can look to present evidence that shows the defendant is remorseless or otherwise prone to repeating their negligent actions.
Our attorneys always try to recover as much compensation as possible for our clients, and sometimes requires going to court. However, there are times when heirs-at-law are willing to reach a settlement. This approach can help a family ensure they get closure and compensation rather than hoping a court decides in their favor. Reaching a settlement also helps plaintiffs avoid the legal costs associated with taking a case to trial.
Sometimes, both parties cannot reach a settlement in a wrongful death claim. When this happens, the case goes to trial. Unlike the prosecution in a criminal trial, plaintiffs in a wrongful death claim only have to prove liability, not guilt, and some wrongful death cases involve actions that do not rise to the level of criminal activity. For example, a doctor might be found liable for medical malpractice that led to a patient’s death but not receive criminal charges. That being said, the criminal conviction of a defendant adds significant credibility to a wrongful death claim.
If a court finds that the defendant is liable for wrongful death, the judge then holds a hearing to determine how compensation will be divided among the heirs at law. Typically, compensation is divided based on the losses suffered by each heir-at-law, regardless of whether they joined the lawsuit. In general, surviving spouses and dependents receive the largest shares of divided compensation. This is because those closest and most dependent on the decedent typically suffer the most loss.
Need Help? Contact Bretz Injury Law Today
If you recently lost a loved one due to negligence or malicious actions, you have our deepest sympathy. At Bretz Injury Law, we understand how difficult these situations are for our clients and how confusing they can be.
Because of this, we make wrongful death claims a top priority. Our team of Liberal wrongful death lawyers not only provides expert legal services but also a sympathetic ear and guidance on how to move forward.
At Bretz Injury Law, you’re more than just a number. We keep our firm intentionally small to give more personalized service during difficult times. We’re also highly successful, having won more than 98 percent of cases pursued and recovering more than $300 million over the last three decades. Contact us today to find out how our attorneys can support you in your time of need.
