Wichita Wrongful Death Lawyers

The death of a loved one is always difficult to handle, but it can be especially overwhelming if they pass away due to someone’s negligence or malicious actions. A wrongful death lawyer can help you navigate this particularly challenging situation.

Filing a wrongful death lawsuit helps you to recover the compensation you need after the untimely passing of a loved one. While it may seem trite to think about money after losing a loved one, the financial impact of a wrongful death can be too much for people to handle without compensation. Medical bills, funeral expenses, lost income, and more quickly add up, and the total can be overwhelming on top of the grief you are already feeling. Seeking financial relief is completely understandable and necessary for most people.

Wrongful death lawsuits are often associated with criminal prosecutions. They might seem like similar legal actions, but there are major differences to be aware of. A wrongful death lawsuit is considered a personal injury lawsuit, and a successful claim only results in financial compensation. A criminal prosecution is a legal action brought by the state, and a successful prosecution can result in jail time, probation, fines, and other corrective actions.

Another key difference between a wrongful death lawsuit and criminal prosecution is the legal burden carried by the plaintiff or the prosecutor. In a wrongful death case, the plaintiff must prove that the defendant should be held liable for the death of the victim. In a criminal prosecution, the prosecutor must prove guilt beyond a reasonable doubt, which is a higher legal standard than proving liability. There are many situations where a person is found liable for a wrongful death but not found guilty of a homicide charge.

Common Causes of Wrongful Death Claims

In Kansas, a wrongful death claim is considered a legal action that can be brought after a fatality was potentially caused by the negligent act of a person or organization. Surviving loved ones can file a wrongful death claim after many different kinds of incidents. The most common causes of wrongful death claims include the following:

Car Accidents

According to news reports, 388 people died in car accidents in Kansas in 2023. While every car accident doesn’t result in a wrongful death claim, many of them do. Surviving loved ones frequently file claims against other motorists, commercial trucking companies, automobile parts manufacturers, and other parties who could have caused the accident.

Medical Malpractice

Death by medical malpractice involves a patient not receiving an acceptable level of care and then passing away as a result. It is important to prove that the treatment or a lack of treatment was the direct result of the death. This typically requires testimony from a medical expert and documentation of the care received by the deceased.

Nursing Home Negligence

When our older family members move into a nursing home, we expect a certain level of care that will allow them to continue enjoying life. Unfortunately, these vulnerable members of our society aren’t always treated with the care and respect they deserve. When nursing home negligence is particularly egregious, it can result in death and a subsequent wrongful death lawsuit.

Workplace Accidents

From farms to construction sites to aerospace manufacturing operations, workplaces in Wichita are filled with dangerous machinery and other hazards. Most on-the-job accidents are handled through the workers’ comp system, but when a workplace accident directly results in someone’s death, surviving loved ones can take legal action against an employer.

Violent Acts

If someone is convicted of murder, they can also be held liable through a wrongful death claim. However, someone could still be held responsible for wrongful death even after receiving a not-guilty verdict in criminal court, with the most famous example being O.J. Simpson. Even though Simpson was found not guilty of murdering Ron Goldman and Nicole Brown Simpson, he was ordered to pay tens of millions of dollars to the victims’ families in civil court.

Defective Products

Defective pharmaceuticals, medical devices, auto parts, and other products can lead to deadly accidents. When the victim of a defective product survives, they can file a product liability lawsuit. When the victim passes away, surviving loved ones can file a wrongful death claim.

Child Accidents

The most tragic type of wrongful death claim involves young children getting into a deadly accident. Toddlers and small children aren’t aware of the dangers around them, and adults are responsible for being especially cautious when they are around. A deadly lack of care around young children can lead to a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in Kansas?

Under Kansas law, only certain individuals known as “heirs-at-law” are allowed to file a wrongful death claim. These are people who are entitled to a share of the deceased’s estate; usually a surviving spouse, children, parents, grandparents, or siblings. These individuals must be able to show that they suffered damages as a result of their loved one passing away. Therefore, estranged family members might have a more difficult time filing a successful wrongful death.

If someone has passed due to negligent or malicious behavior, their estate could also file a claim known as a survival action. This legal action is meant to recover compensation for damages and injuries suffered by the deceased before they passed away, such as medical bills, conscious suffering, disability, and lost wages.

Statute of Limitations for Filing a Wichita Wrongful Death Case

A statute of limitations is the period of time by which legal action must be filed after an incident has taken place. For wrongful death lawsuits in Kansas, the statute of limitations is two years from the day the deceased passed away. In some situations, a court might extend the statute of limitations. For example, a court might extend the statute so that a minor heir can pursue legal action once they become a legal adult.

While surviving family members have two years to file a lawsuit, it is usually in their best interest to take action as quickly as possible. Holding a person or company liable for a wrongful death typically requires the collection of evidence and witness statements. If too much time passes, evidence can be lost or erased, and witnesses can forget key details. The sooner surviving loved ones can start a legal investigation, the better chance they have of winning their case.

How Will an Attorney Help in a Wichita Wrongful Death Case?

Usually, the person or organization being accused of a wrongful death will deny responsibility, given the fact that there is so much on the line. Therefore, surviving family members in Kansas who are looking to recover compensation should retain the services of our Wichita wrongful death lawyers.

Surviving loved ones should retain the services of an attorney before interacting with the party they believe is responsible, or their insurance company. Any information provided to a potential defendant or their insurer could be used against the claim. An experienced attorney will understand how to responsibly interact with these parties and maintain the integrity of the claim.

An attorney can also start an investigation to establish the negligent behavior of the defendant and how it led to a fatality. This requires gathering evidence, such as police reports and medical records. An attorney might also interview witnesses to get statements on the nature of the incident and the condition of the deceased before they passed away. In wrongful death cases involving technical subject matter, an attorney will consult with subject matter experts, such as medical professionals or product experts.

A Wichita wrongful death lawyer can also handle all of the important legal matters. This starts with filing a claim that makes a strong case. During discovery, the attorney can obtain documents and witness statements from the defendant in an attempt to strengthen their case. An attorney can also make pretrial actions that expedite matters and prevent the defense from presenting evidence that isn’t relevant to the case. For example, the defense may try to present evidence that denigrates the character of the deceased in a way that isn’t relevant to the way they died.

In court, an attorney plays a critical role in winning a case for the plaintiff. This starts with making an opening statement that establishes key facts, such as the nature of the fatality and how the defendant’s actions directly caused it. A wrongful death lawyer will also present different kinds of evidence, including physical evidence, witness testimony, and documentation. An attorney performs a direct examination of their witnesses and cross-examines the defense witnesses, hoping to discount the latter’s testimony in the eyes of the judge or jury. Finally, an attorney will present a closing argument that summarizes the trial and makes an argument for holding the defendant liable.

An experienced attorney can also help with settlement negotiations. They will develop a negotiation strategy based on the strength of the case, as well as a calculation of damages and previous settlements. If reaching a settlement is the goal, the attorney will argue that taking a case to trial will be more detrimental for the defendant than reaching a settlement. A good attorney will keep their client informed throughout the negotiating process and collaborate with them when it comes to accepting or declining the settlement offer.

Compensation You Can Recover

The typical plaintiff in a wrongful death case can recover compensation for economic and non-economic damages. Economic damages are financial losses related to the wrongful death. These can include medical bills, funeral expenses, and lost income. Non-economic damages are losses that cannot be quantified in purely financial terms. These can include loss of companionship and mental anguish.

The state of Kansas had placed a cap on compensation for non-economic damages, but that cap was struck down by the Kansas State Supreme Court in the 2019 case Hilburn v. Enerpipe Ltd. The court ruled that the cap on non-economic damages violated Hilburn’s right to a trial by jury.

In some cases, a court might award punitive damages that are meant to punish the defendant for especially negligent or malicious behavior that led to a wrongful death. The goal of punitive damages is to deter the person or organization from repeating the same behavior in the future. Punitive damages can also serve as a warning to others who might act in a similar negligent or malicious manner.

The amount of punitive damages awarded by a court will typically depend on the financial standing of the defendant. An attorney for the plaintiff can push for punitive damages by showing evidence that indicates the defendant knew the potentially deadly consequences of their actions and still took those actions anyway.

Let Our Team of Wichita Wrongful Death Lawyers Handle Your Case

If you recently lost a loved one to an untimely death, you have our deepest condolences. At Bretz Injury Law, we have extensive experience with these situations, and we know how difficult they can be. Our team of Wichita lawyers is dedicated to helping you get through this challenging time by providing comfort and legal advice.

We intentionally keep our team small to focus on our clients and to fight for the compensation they need to move forward with their lives. We can help you settle if you believe it’s in your best interest. However, we’re also willing to take your case to trial to recover what you need. With more than $300 million recovered for our Kansas clients over the past 30 years, our results speak for themselves.

If you would like to learn more about how our team of Wichita lawyers can help you, contact us online today or call 620-RESULTS.