The untimely death of a loved one is always traumatic, and it’s even more traumatic if their death occurred as a result of negligence or malicious actions.
Following an untimely death, the surviving loved ones can take legal action to recover the losses they suffered. For example, if someone was killed by a drunk driver or defective medication, surviving family members could file a lawsuit against that driver or pharmaceutical manufacturer. While a lawsuit will never bring back a family’s loved one, it can help to bring them closure and get them the compensation they need to move forward with their lives as best they can.
A Salina wrongful death lawyer will have experience handling these types of cases before grieving family members. They have a deep understanding of the grieving processes families typically go through, how to delicately handle this type of sensitive situation, and how to move forward with legal action. They have the knowledge to determine if someone’s untimely death could have been avoided if only someone or some company had acted more responsibly.
Common Causes of Wrongful Death Claims
If your loved one suffered an untimely death, it can be difficult to know if they were the victim of negligent or malicious behavior. Unfortunately, people regularly lose their lives because of negligence, and there are many causes of wrongful death claims. Consider the following examples:
- Car accidents. While some accidents are caused by random events or acts of nature, most result from negligence. This can take the form of distracted driving, speeding, or intoxication. Fatal truck collisions are particularly devastating, and many wrongful death cases stem from a DUI Truck Accident or a Reckless Driving Truck Accident where a commercial driver’s unsafe behavior caused catastrophic harm.
- Defective products, such as medical devices or pharmaceuticals
- Workplace accidents
- Nursing home negligence
- Homicide
These are only a few causes of wrongful death names. If you suspect that your loved one was the victim of a wrongful death in Kansas, consider consulting with a Salina wrongful death lawyer to determine if there is a legitimate case.
Who Can File a Wrongful Death Claim in Kansas?
Typically, a wrongful death claim is filed by the immediate family members of the deceased, including the surviving spouse, children, and parents. However, under Kansas law, a wrongful death lawsuit may be filed by an heir-at-law — or someone who was legally in a position to inherit property from the deceased.
A different type of claim called a survival action can be brought by the decedent’s estate. This type of claim is meant to recover compensation for injuries and damages the deceased person suffered before they passed away. A survival action can recover compensation for material losses like medical bills, but also non-material losses, such as pain and suffering that were endured before death.
Statute of Limitations for Filing a Salina Wrongful Death Case
When a loved one passes away, recovering compensation is probably the last thing on your mind. There are usually funeral arrangements to make, and handling legal matters can be a real challenge in the throes of the grieving process. Days, weeks, and months can go by before anyone even thinks about taking legal action.
Unfortunately, there is a deadline for filing a wrongful death lawsuit and surviving loved ones must take action before this deadline passes. Known as the statute of limitations, the deadline for filing a wrongful death lawsuit is typically two years from the day that the person passed away. If a lawsuit is filed just one day after the statute of limitations ends, it would likely be dismissed.
In some rare situations, the court may extend the statute of limitations for filing a wrongful death case. For example, a court may extend the statute of limitations so that someone who was a minor at the time of death has an opportunity to file a lawsuit after they become a legal adult.
It’s important to note that meeting the statute of limitations shouldn’t be your only motivation to file a wrongful death case as soon as possible. A wrongful death attorney must investigate by gathering evidence and interviewing witnesses. The more time passes, the greater the risk of evidence being lost and witnesses’ memories fading. Therefore, surviving family members looking to file a wrongful death claim should speak to an attorney as soon as possible so they can get started on building the strongest case possible.
Compensation You Can Recover
Plaintiffs in a wrongful death lawsuit can recover three different types of compensation: economic, non-economic, and punitive.
Economic Damages
An untimely death can cost surviving family members a lot of money. Typical funeral and burial expenses can add up to tens of thousands of dollars. While experts recommend looking around to find the best possible price for a casket, cremation services, and other things associated with a funeral, grieving family members may not have the time or emotional energy to shop around for the best possible deal.
In addition to burial expenses, surviving family members may also be dealing with the sudden loss of the deceased person’s income. If the decedent was the primary earner in the household, the family members left behind may be struggling to keep the lights on and put food on the table.
If the deceased person received medical treatment before they passed away, surviving family members may also be stuck with those medical bills. Getting billed after losing a loved one can feel like adding insult to injury, and it’s just one more financial blow to surviving family members.
The economic damages recovered in a wrongful death lawsuit are meant to compensate for these financial losses. If a plaintiff wins their case or reaches a settlement, determining the amount of economic compensation can be relatively straightforward. A wrongful death lawyer simply needs to go through bills and income statements to determine how much compensation surviving family members need in order to get over the financial impact of their loved one’s untimely death.
Non-economic Damages
The death of a loved one doesn’t just mean lost income and piles of funeral bills. It also takes emotional and mental tolls. Non-economic damages are meant to compensate surviving loved ones for any significant loss that can’t be put into a dollar amount.
One type of non-economic damage is loss of companionship. When someone loses their spouse, child, parent, sibling, or other close family member, it can result in emotional trauma so severe that it’s hard to return to normal life. Financial compensation for loss of companionship could be used to help surviving family members seek counseling and other resources they need.
Another type of non-economic damage is psychological distress. This type of loss might be associated with surviving family members having to witness the death of their loved one. Getting over the trauma of a deadly event can take years, or it may never happen at all. Compensation can help people seek treatment for dealing with post-traumatic stress.
Punitive Damages
When a wrongful death was caused by egregious negligence or maliciousness, a court may award punitive damages. These are meant to punish and deter the liable party from repeating their actions in the future. For example, a court may award punitive damages in a wrongful death case that involves homicide when the defendant is found liable. A knowledgeable attorney will know when there is an opportunity to recover punitive damages and will try to present a case that clearly lays out egregious bad behavior by the defendant.
How Will an Attorney Help a Salina Wrongful Death Case?
In Kansas, Salina wrongful death lawyers understand how to build a strong case that results in an acceptable settlement or a win in court. Building a good case requires evidence that establishes several legal facts. These include:
- Duty of care. An attorney will establish that the defendant has a responsibility to care for the deceased. Often, proving duty of care is relatively straightforward. For example, drivers have a duty to act responsibly toward other drivers, pedestrians, bicyclists, and anyone else they might share the road with.
- Breach of duty. After an attorney has established that the defendant had a responsibility to care for the deceased, the attorney will then show that that offense breached this duty through negligence or malicious actions. For example, an attorney will show that a driver was drunk behind the wheel when they caused an accident, which breaches their duty to act responsibly by not drinking and driving.
- Causation. To prove a wrongful death case, an attorney will then make a connection between the defendant’s breach of duty and the deceased individual losing their life. A lawyer must show that the defendant was partially or fully responsible before the death. If the deceased individual was being reckless or negligent in their own actions, it could undermine a wrongful death claim following their loss of life.
- Damages were suffered. Showing that damages were suffered in a situation involving someone’s death might seem relatively academic. However, a wrongful death lawsuit isn’t being brought by the deceased but rather by their surviving heirs-at-law. Therefore, an attorney must show that the heirs suffered damages as a result of the defendant’s actions. For example, if a distant relative with no material connection to the deceased attempts to bring a wrongful death lawsuit, it may be difficult to prove that the distant relative suffered losses as a result of the death.
Establishing these facts of the case requires significant investigation and preparation. An attorney will start with a short consultation to learn about the facts of the case and establish the validity of a claim.
If the attorney decides to go forward with a lawsuit, they will start a full investigation to determine the cause of death and circumstances around the incident. This requires collecting physical evidence, talking to witnesses, reviewing medical records and other investigative actions. An attorney will typically consult with subject matter experts, especially when the death involves technical or scientific subject matter.
After building an initial case and filing the lawsuit, an attorney will then move on to the discovery phase of the process. This involves attorneys for the plaintiff and defendant exchanging evidence that they plan to present in court. The purpose of discovery is to prevent one side from “ambushing” the other side by presenting unexpected evidence. In our legal system, attorneys on both sides of the case must be able to rebut and respond to evidence testimony in a timely manner. If evidence is unexpected, it can delay a trial while an attorney prepares to respond to the evidence.
At some point in the process, both sides of the wrongful death claim may enter into negotiations over a settlement. If both sides agree to a settlement, the plaintiff can accept it and withdraw the case. During these negotiations, attorneys consult with their clients and advise them on what settlement amounts they should consider accepting.
If a settlement cannot be reached, the case will go to trial before a judge or jury. If the court decides for the plaintiff, damages will be awarded in their favor. If the court decides in favor of the defendant, the case is dismissed.
A Salina wrongful death lawyer can guide you through this lengthy process and ensure it reaches a favorable outcome. People who want to move on as quickly as possible may wish to settle a case, while those in pursuit of justice may want to have their day in court. With either approach, an experienced attorney is an invaluable resource.
Let Our Team Handle Your Case in Salina
If you recently lost a loved one to an untimely death, please know that you have our deepest condolences. At Bretz Injury Law, we regularly consult with grieving families and see first-hand how difficult these situations can be.
Our team of Salina lawyers is very experienced when it comes to wrongful death cases and we’re willing to fight to hold responsible parties accountable. While we’re willing to help you settle, we’re also willing to fight for your case in court. Contact us today to set up a consultation, or call (620) 662-3435.
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Contact us today to schedule a free, confidential case evaluation, or simply call our law office at (620) 662-3435
