Having to deal with the unexpected loss of a loved one is one of the most difficult things anyone can do. Accepting this type of tragedy is even more difficult when it is seemingly due to someone’s misconduct or negligence. In these situations, the law does allow for surviving family members to seek compensation and hold the responsible parties accountable.
Kansas law allows loved ones to recover compensation for both financial and non-financial damages that resulted from the wrongful death of a loved one. Wrongful death claims can stem from an intentional act or from an accident. Examples include death caused by fatal car crashes, medical malpractice, homicide, work accidents, or defective products. Direct damages typically include funeral and burial costs, but other losses worthy of compensation might include the loss of comfort, personal care, household support, and other contributions a person might have provided to those in their immediate circle.
Wrongful death lawsuits often get confused with criminal prosecutions for homicide. The biggest difference is that a wrongful death lawsuit is a civil case in which a plaintiff is seeking compensation from a defendant, and criminal prosecution can result in prison time, probation, monetary fines, and other penalties. A criminal prosecution is a case brought by the state, while a wrongful death lawsuit is typically brought by a victim’s surviving family members.
Another key difference is how each legal case is decided. In criminal court, prosecutors must establish guilt beyond a reasonable doubt. In a civil case, a plaintiff only needs to prove that the defendant was liable for damages that were suffered based on a preponderance of evidence. Thus, prosecutors have a much higher bar to clear than wrongful death lawyers. It is possible for this single incident to result in both criminal charges and wrongful death lawsuits.
Wrongful death lawsuits can also get confused with another type of legal claim called survival action. Both of these claims seek compensation in response to someone’s death, but they are filed for different reasons. A victim’s surviving family members might file a wrongful death lawsuit to seek compensation for the loss of the loved one and the damages that loss caused.
A survival action is filed by a decedent’s estate to get compensation for losses suffered while they were dying. For example, an estate might file a survival action after medical malpractice led to pain, suffering, and lost wages before the patient eventually passed away. In this situation, a survival action would seek compensation for that pain, suffering, and lost wages.
In western and central Kansas, our Dodge City wrongful death lawyers file and pursue wrongful death cases.
Many different kinds of incidents can trigger a wrongful death claim, and all of them are tragic. These incidents include:
There are, of course, many other causes of wrongful death, and each situation is unique. If you have lost a loved one due to the negligence of another party, we are here to help you understand your rights and navigate the difficult road ahead.
Our Nearby Dodge City Wrongful Death Law Firm
Bretz Personal Injury & Car Accident Lawyer
108 N 14th Ave d3
Dodge City, KS 67801
Phone: (620) 662-3435
How Will an Attorney Help in a Dodge City Wrongful Death Case?
Sudden and unexpected death is a complicated situation, and the facts surrounding it tend to be muddled. An attorney can get to the bottom of what happened through investigative techniques and use knowledge of the law to recover compensation.
One of the first things an attorney will do in a wrongful death case is gather information and establish facts surrounding the claim. For example, if the case involves a local car accident, our Dodge City wrongful death lawyers will review police reports and statements from eyewitnesses, including any surviving passengers who were in the vehicles. Our attorneys will also review any surveillance camera footage that captured the collision or the events leading up to it. Police reports, statements, video, and other evidence could reveal that reckless driving led to the victim being killed in a car crash.
Our Dodge City wrongful death lawyers can also interview witnesses and establish what happened based on the information they hear. It is common for witnesses to give conflicting accounts, possibly due to confusion or deception. Our attorneys know how to determine when conflicts are caused by one or the other.
After the initial investigation stage, our wrongful death lawyers may move forward with a claim. This involves submitting a formal complaint to a court of law. The complaint should detail the events and facts surrounding the person’s death. This filing can be complicated, and it should only be done by an attorney who is experienced with Kansas law.
Subsequent to a claim being filed, our wrongful death attorney will move forward with the discovery process. This involves requesting documents from an organization, conducting depositions, and other actions designed to support a claim. While an initial investigation might establish the basis for a claim, the discovery stage builds on that foundation and solidifies the case.
At some point in the process, the defendant may reach out to negotiate a settlement with the goal of avoiding a trial. Some plaintiffs may prefer a settlement because that can be faster, less expensive, and less stressful than going to trial. Our attorneys can help negotiate a settlement and recommend if going to trial is a better course of action.
If the claim does go to trial, our wrongful death attorneys will present evidence and make an argument for the claim in front of a judge or jury. A civil trial is often stressful and emotional. However, our experienced lawyers will be able to provide guidance and support throughout the process, which can be comforting.
Deciding Between a Settlement and a Trial in a Wrongful Death Case
While a settlement or a trial can offer compensation in a wrongful death case, it is crucial to understand the nature of each one. Settlements provide a faster resolution, but trials may lead to a higher compensation amount. The best choice depends on the particular circumstances of the case.
With that being said, let’s get into the details of each option.
What Are the Pros and Cons of Reaching a Settlement?
A settlement is a legally binding arrangement between the parties included in a wrongful death claim. It handles the issue without it going to trial. In many claims, a settlement involves a defendant or their insurance provider offering an amount of cash to the plaintiff.
The pros of reaching a settlement include:
- A degree of closure. Settling a wrongful death case offers the chance for closure for all parties. The deceased’s loved ones can get the compensation they need to cover some of their losses without having to linger in uncertainty and endure the emotional cost of a trial.
- Privacy. The details of a settlement can be kept private, whereas the details of a trial often go public, especially in high-profile cases. Privacy can benefit all parties, particularly if the defendant would like to prevent negative publicity.
- Control. A settlement allows the plaintiff to take control of the situation by negotiating acceptable terms. If a claim goes to trial, the decedent’s loved ones place their claim in the hands of lawyers and a judge or jury.
There are also a few disadvantages that should be considered, including:
- Leaving money on the table. Taking a settlement could mean getting lower compensation compared to what a trial may have produced. Unfortunately, there’s no way to know if a trial will even be successful, much less how much compensation it will yield.
- No admission of wrongdoing. While a settlement can bring some closure to the situation, a party believed to be responsible may not acknowledge any culpability. This could be frustrating for a victim’s loved ones who want to hold someone accountable for their loss.
- Minimal recourse. As soon as a settlement has been approved, the plaintiff cannot try to get additional compensation, for all intents and purposes, even if additional damages appear after the settlement has been reached.
What Are the Pros and Cons of Going to Trial?
The alternative to reaching a settlement is taking a case to trial. This involves a judge or jury processing evidence and determining a fair outcome. Trials are often long, emotional, and costly. However, they can also provide a number of advantages compared to seeking a settlement, including:
- A sense of justice. A trial can allow the family members of a deceased person to feel a sense of justice if the defendant is held liable with regard to their loss. Many people pursue a wrongful death claim to seek justice when they feel a criminal trial did not deliver justice for their loved one.
- Optimal compensation. Defendants typically offer a settlement when they are looking to minimize the financial repercussions that might come from being held liable in court. As a result, trials tend to produce more compensation than what surviving family members could have received in a settlement.
- Public acknowledgment. If a defendant is held liable by a judge or jury, it is a public acknowledgment of their culpability in someone’s death. This can also bring a sense of justice to grieving loved ones. It can also help to dissuade a liable party from repeating their culpable actions.
There are also some disadvantages of taking a claim to trials, including:
- Prolonged process. Trials can take months or even years to reach a conclusion, especially when defendants are intent on causing delays. The length of a trial can cause additional stress for a victim’s surviving loved ones.
- Higher cost. Legal fees, court costs, expert witness fees, and more tend to add up quickly. These costs can significantly decrease the compensation a victim’s family ultimately receives.
- Unknown result. Trials are uncertain in nature. What seems like a slam dunk case can take a turn and suddenly become much more difficult. The unpredictability of a trial is often difficult to handle, especially for family members who are already dealing with a devastating loss.
Statute of Limitations for Filing a Dodge City Wrongful Death Case
People looking to file a wrongful death claim must do so within the statute of limitations. This time period can vary from state to state, and in Kansas, the statute of limitations is two years from the day that the victim died. Although there are some exceptions, people who do not file a wrongful death lawsuit within this time frame forfeit their right to pursue compensation.
Who Can File a Wrongful Death Claim in Kansas?
If you are looking to file a claim, a wrongful death attorney can explain your legal options. They can tell you if you qualify for compensation under the law. In Kansas, only the surviving spouse, children, parents, grandparents, or siblings of a deceased person can file a wrongful death lawsuit. However, damages that are recovered can benefit all eligible heirs of the decedent’s estate, regardless of whether they joined the lawsuit.
Compensation You Can Recover
In Kansas, our Dodge City wrongful death lawyers can pursue compensation for economic and non-economic damages that were suffered as a result of the victim being killed. Economic damages include medical costs for care received before death, funeral costs, burial expenses, and the loss of income that the deceased would have earned had they lived. Non-economic damages are challenging to quantify, but they are very real. These damages can include pain and suffering, loss of companionship, loss of personal care, and PTSD.
In some situations, you can seek punitive damages, which is financial compensation meant to punish irresponsible parties so that they don’t engage in similar egregious actions. Punitive damages also act as a warning to others who might engage in similar egregious behavior.
Let Our Dodge City Wrongful Death Lawyers Fight for You
At Bretz Injury Law, our attorneys have extensive experience dealing with wrongful death cases. Our Dodge City lawyers are willing to visit the site of an accident, interview witnesses, and conduct exhaustive research to hold negligent parties accountable. If you recently lost a loved one due to someone else’s negligence, contact us online today or call (620) 662-3435 today.
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