Losing a loved one unexpectedly can be a devastating experience for anyone. A fatal accident stemming from someone else's negligence or reckless behavior can leave a victim's family members and friends searching for answers and wanting to hold the responsible person or people accountable for the tragic loss.
This is often what prompts people to reach out for legal support. They want to get answers and have the death of a loved one acknowledged; people also learn that they may be deserving of compensation for their loss. While money, lawsuits and legal documents cannot truly compensate people after a death, these things can make it easier to find some closure and cope with their grief as they begin to move on. In order to do this, people should consider filing a wrongful death claim.
In order to file a wrongful death claim in Kansas, there are certain factors that must first be established. First, state laws require that the victim's death be the result of negligence or wrongful act of another person. Second, the person filing the claim must be a lawful heir. This could include children, spouses or parents.
If these criteria are met, people can take steps to collect damages. In Kansas, there is a cap on wrongful death damages outside of actual financial loss. There is no limit on the damages that can be rewarded to compensate loved ones for medical treatment, funeral expenses and income losses.
However, there is cap is set at $250,000 for nonpecuniary losses. These include any expense that cannot be calculated, such as mental anguish, loss of society, loss of advice and other damages.
In addition to seeking damages, a wrongful death lawsuit can be an effective way of establishing liability. A legal claim typically involves investigations, witness statements and the collection of evidence that can definitively show who or what is to blame for a person's death. This can be vital in helping loved ones get some closure.
There is nothing that can undo a tragic accident or replace a loved one. However, wrongful death claims allow people to take control, find answers and hold the appropriate parties accountable for that loss.