Filing A Wrongful Death Claim In Kansas

Losing a loved one can be devastating, but it can be even more difficult if the death was caused by someone else’s negligence. If you find yourself in this situation, you may be able to file a wrongful death claim in the state of Kansas. This article will provide you with an overview of what you need to know about filing a wrongful death claim in Kansas.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit that is brought to court when an individual dies due to the negligence or intentional wrongdoing of another person or entity. These lawsuits are brought on behalf of the deceased individual’s surviving family members, such as their spouse, parents, or children, and seek to hold the responsible party accountable for their actions.

Who Can File a Wrongful Death Claim in Kansas?

In Kansas, the only parties who can file a wrongful death claim are the personal representatives of the deceased individual’s estate. This means that the claim must be filed by the executor or administrator of the person’s estate. If the deceased did not appoint an executor or administrator in their will, the court will appoint someone to act in this capacity.

What Damages Can Be Recovered in a Wrongful Death Claim in Kansas?

If a wrongful death claim is successful, the surviving family members may receive different types of damages. These damages can include:

  • Loss of companionship and society
  • Funeral and burial expenses
  • Medical expenses related to the deceased person’s final illness or injury
  • Pain and suffering of the deceased person prior to their death
  • Lost income and future earnings of the deceased person
  • Punitive damages

How Long Do You Have to File a Wrongful Death Claim in Kansas?

In Kansas, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. This means that you have a limited window of time to file your claim. If you fail to bring your claim within this time frame, you may be barred from doing so in the future.

How Can You File a Wrongful Death Claim in Kansas?

To file a wrongful death claim in Kansas, you must first consult with an experienced attorney who can help you navigate the legal process. Your attorney will help you gather all of the necessary evidence and documentation to support your claim, such as medical records, police reports, and witness statements.

Once your attorney has gathered all of the necessary evidence, they will file your claim with the court. The defendant will then have a certain amount of time to respond to your claim, after which a trial date will be set.

Conclusion

Filing a wrongful death claim in Kansas can be a complex and emotionally challenging process. However, with the help of an experienced attorney, you can seek justice for your loved one and hold the responsible party accountable. If you believe that you have a valid wrongful death claim, it is important to act quickly and seek legal counsel as soon as possible.

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