At Mann Wyatt Tanksley Injury Attorneys, we know that losing a loved one can affect you financially and emotionally. For more than 20 years, we have advocated for families in Wichita whose loved ones have died due to someone’s negligent or intentional actions. Our lawyers understand that pursuing compensation is much more than making up for financial losses. It’s about getting justice and accountability for someone who can no longer do so themselves.
Who Can File a Wrongful Death Lawsuit in Kansas?
In Kansas, any “heirs at law” of the victim who have suffered a loss because of their death may file a wrongful death lawsuit. An heir at law is someone who has a right of inheritance to the victim’s estate. Typically, a wrongful death lawsuit can be filed by the victim’s surviving:
- Spouse
- Children
- In the event of no surviving spouse or children, the parents or siblings if the parents have predeceased.
Any compensation awarded in a wrongful death lawsuit is for the benefit of all of the victim’s heirs who suffered a loss due to the death, regardless of whether they were plaintiffs in the lawsuit. In other words, if one party files a successful wrongful death lawsuit, all eligible parties must share any compensation they receive based on the agreement of the parties, and approval or apportionment by a court with jurisdiction. However, compensation will be divided based on each heir’s losses.
How to File a Wrongful Death Case in Kansas
To pursue a wrongful death case in Kansas if the claim cannot be resolved in the insurance process, you must file a claim in civil court proving how the at-fault party’s actions directly led to your loved one’s death and what you are owed in compensation. This may come off as a daunting task. Just remember you don’t have to pursue your claim on your own.
An experienced wrongful death lawyer can lessen your burden by handling every aspect of your case, including:
- Investigating the circumstances of your loved one’s death to determine who is at fault
- Gathering evidence, including interviewing key witnesses and consulting with experts
- Calculating the full extent of your losses due to your loved one’s death
- Filing necessary paperwork and keeping track of important deadlines
- Communicating with insurance companies and other parties on your behalf
- Identifying all potential sources of compensation to help you pursue the full compensation that you deserve
A thorough investigation is essential to proving liability for wrongful death and demonstrating the losses you incurred. Once your attorney has prepared a compelling case, they can file a wrongful death claim on your behalf with the appropriate court.
Compensation Available in a Wrongful Death Lawsuit
Economic damages for a wrongful death claim cover specific financial losses such as:
- Funeral and burial expenses
- Medical expenses to treat your loved one’s final injury or illness
- Lost wages that your loved one would have earned had they survived
- The value of the household services your loved one performed
Noneconomic damages are for more subjective but real damages such as:
- Mental anguish, suffering, or grief
- Loss of companionship, comfort, or protection
- Loss of spousal care and attention
- Loss of parental care, training, guidance, or education
Under Kansas law, noneconomic damages are currently capped. There is no cap on economic damages.
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