Topeka Wrongful Death Attorneys Near You
Bretz Injury Law Helps Families Seek the Compensation They Deserve
When a loved one dies in a tragic accident caused by someone else’s negligence, the grief that follows is overwhelming. Surviving family members may also find themselves facing lost income, unpaid medical bills, and funeral costs at the very moment they are least equipped to handle them. That pain can be compounded by anger at the party whose careless actions took someone irreplaceable.
If you have lost a family member due to another party’s negligence or fault in Kansas, you may be entitled to compensation through a wrongful death claim. Money can never replace the person you lost, but a wrongful death recovery can ease the financial burden and help your family find a path forward.
Kansas wrongful death law is complex, and mistakes in how a claim is handled can be costly. Bretz Injury Law is here to help. Matthew Bretz has extensive experience representing families in wrongful death cases and understands how to navigate these claims effectively and pursue the full compensation available under the law.
Contact Bretz Injury Law today for a free, no-obligation consultation to discuss your family’s options. Matthew Bretz understands what you are going through during this difficult time and will take on the full legal burden so you can focus on your family’s healing.
How Bretz Injury Law Helps Topeka Wrongful Death Families Why Choose Bretz Injury Law?
Kansas wrongful death law is extraordinarily complex, and finding an attorney you trust with the experience and resources to properly investigate and handle your case makes all the difference. Here is why families across Kansas turn to Bretz Injury Law:
- Experience that matters: Matthew Bretz has over 30 years of serious injury and wrongful death litigation experience, representing families across Kansas and Missouri with skill and dedication.
- Personal attention on every case: Every client at Bretz Injury Law gets Matthew Bretz’s direct involvement and personal cell phone number from day one. He genuinely invests in the people he represents.
- Recognized for excellence: Matthew Bretz holds the AV Preeminent rating from Martindale-Hubbell, the highest possible rating for professional ability and ethics, and is one of only a few injury attorneys in Kansas to have earned this distinction.
- Available when you need us: Bretz Injury Law is available around the clock for clients who need to reach us outside of regular business hours.
- Trial-ready advocacy: Matthew Bretz negotiates firmly with insurance companies and is fully prepared to take your case to court if a fair resolution cannot be reached at the table.
- Free consultations: Bretz Injury Law offers free consultations to discuss your family’s situation and walk you through your legal options.
How Bretz Injury Law Works for Wrongful Death Families
When you retain Bretz Injury Law, Matthew Bretz and his team get to work on your behalf immediately. Here is what that looks like in practice:
- Meeting with you to evaluate the circumstances of the death, determine whether a wrongful death claim is warranted, identify potentially liable parties, and establish which family members may be eligible for compensation.
- Investigating the case and gathering evidence to establish another party’s negligence, including photographs, surveillance footage, witness and first responder interviews, and police and medical records.
- Working with experts to reconstruct the accident, determine fault, and testify to your family’s damages and the long-term impact of your loved one’s death on your lives.
- Handling all communications and negotiations with insurance companies and opposing attorneys to pursue a fair resolution.
- Building your case and taking it to court if a fair settlement cannot be reached.
Our Nearby Topeka Personal Injury Law Firm
Bretz Personal Injury & Car Accident Lawyer Topeka
515 S Kansas Ave C
Topeka, KS 66603
(785) 264-4424
Bretz Injury Law is fully committed to every wrongful death family it represents. Contact Bretz Injury Law today to get started while evidence is still available and witnesses can be found.
What Wrongful Death Claims Are and How They Work in Kansas
Wrongful death claims are a type of personal injury claim that arise when someone’s negligence, recklessness, or intentional conduct causes or contributes to another person’s death. Common circumstances that give rise to wrongful death actions include:
- Motor vehicle accidents
- Defective products
- Medical malpractice
- Nursing home abuse
- Premises liability
- Intentional acts of violence
- Sports and recreational activities
Article 19 of Chapter 60 of the Kansas Statutes governs wrongful death actions in Kansas. The statute defines wrongful death as the death of a person caused by the wrongful act or omission of another party, and provides that legal action may be brought for the damages that result.
A wrongful death claim is filed by a representative on behalf of the survivors who suffer losses from the victim’s death. In Kansas, wrongful death cases generally give rise to two distinct types of claims:
- Survival Claim: A survival claim is essentially the personal injury claim of the person who died. It can include compensation for that person’s conscious pain and suffering, medical bills, and related expenses. In cases involving serious malicious intent or reckless disregard for the safety of others, the representative may also seek punitive damages intended to punish the wrongdoer and deter similar conduct in the future. Any recovery from a survival claim generally belongs to the deceased person’s estate.
- Wrongful Death Claim: The wrongful death claim belongs to the deceased person’s heirs at law, which are typically the surviving family members. Eligible family members or other dependents can seek a damage award based on the losses they personally suffer as a direct result of their loved one’s death.
What Damages May Be Available in a Kansas Wrongful Death Case
In a wrongful death case, the damages available will vary depending on the circumstances, including the relationship between the deceased and the surviving family members. Compensation may include:
- Loss of financial support
- Loss of society, comfort, and protection
- Loss of marital care
- Loss of parental care, guidance, and education
- Loss of filial affection
- Out-of-pocket medical and funeral expenses
- Mental anguish
- Loss of household services
- And more
To illustrate how these damages work in practice, consider the following example. Your father is killed in an accident caused by a negligent and intoxicated truck driver. You bring a wrongful death lawsuit against the truck driver. Included in that lawsuit is a survival claim covering your father’s conscious pain and suffering, medical bills, and other related expenses.
Your father also provided significant financial support and was an important emotional presence in your life. As part of the wrongful death claim, you could pursue damages for that lost financial support as well as the loss of his guidance and companionship.
Who Is Eligible to File a Wrongful Death Claim in Kansas?
Not every surviving family member or dependent is automatically entitled to recover wrongful death damages. In Kansas, the legal heirs of the deceased may have a right of action. Potential heirs can include:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Siblings of the deceased
- Grandparents of the deceased
When multiple heirs exist and a judgment or settlement is obtained, Kansas law requires an apportionment hearing to determine the nature and extent of each person’s loss. The court then divides the damages according to its findings.
To illustrate how this works, consider an unmarried father of three children who is killed in a car accident. The three children are ages 11, 22, and 26. The court would generally look at the damages suffered by each child when apportioning the recovery. In this example, the court would likely direct a larger share to the 11-year-old, as that child presumably still depended on the father for financial support and daily care.
Topeka Wrongful Death Attorneys Answer Your Questions
After a tragic loss, it is natural to have questions and concerns. Here are answers to some of the questions Bretz Injury Law hears most often from families in this situation. For answers specific to your case, contact us for a free consultation.
Are there deadlines for filing a wrongful death case in Kansas?
Yes. Kansas has a statute of limitations for wrongful death lawsuits that is generally two years from the date of death. There are exceptions that may apply in certain circumstances, and Matthew Bretz will make sure your case is filed on time and in full compliance with all applicable deadlines.
Is there a limit on wrongful death compensation in Kansas?
Yes, in part. Kansas law caps compensation for non-economic losses such as pain and suffering at $250,000 under K.S.A. 60-1903. However, there is no cap on financial losses in a wrongful death lawsuit.
Is wrongful death a criminal case?
Under some circumstances, a defendant in a wrongful death case may also face criminal charges such as manslaughter or murder. Whether or not a criminal case is pursued, a wrongful death claim is a civil matter filed in civil court seeking damages on behalf of the deceased person’s surviving heirs.
Should I speak with insurance companies after a wrongful death?
No. The less you say to insurance companies the better. They will look for ways to use your words against you or pressure you into accepting a lowball offer. Direct all insurance communications to Bretz Injury Law and let Matthew Bretz handle all negotiations on your family’s behalf.
Do I need an attorney to file a wrongful death case?
You are not legally required to have an attorney, but Kansas wrongful death law is complex and the opposing side will have experienced legal representation working to minimize your recovery. Having Matthew Bretz in your corner gives your family the strongest possible chance of pursuing a fair outcome.
How much does it cost to hire a Topeka wrongful death attorney?
Bretz Injury Law works on a contingency fee basis, which means you pay nothing upfront. Your initial consultation is free, and there are no legal fees unless compensation is recovered for your family. At that point, fees are taken from the recovery rather than out of your own pocket.
If you have additional questions, contact Bretz Injury Law today for a free consultation with a Topeka wrongful death attorney.
Let Bretz Injury Law Help Your Family Through This Difficult Time
Bretz Injury Law understands how emotionally devastating and confusing the aftermath of a family member’s sudden death can be. Matthew Bretz is committed to helping families evaluate their wrongful death claims and pursue litigation when the circumstances warrant it. A valid wrongful death claim can help surviving family members recover the compensation they need to cover their expenses and rebuild a sense of stability.
Bretz Injury Law is ready to work on your behalf to hold the responsible party accountable and pursue compensation that makes a real difference for you and your family. Over 30 years of serious injury and wrongful death litigation experience across Kansas means Matthew Bretz knows how to handle these cases and fight for meaningful results.
There are no fees unless compensation is recovered for your family. Contact Bretz Injury Law today to get started.
Client Testimonial
“Matt Bretz and everyone at Bretz & Young were so helpful and personable. They were able to walk with me through an incredibly horrible time in my life. My kids and I are grateful for the help we received on our wrongful death claim. I would recommend that anyone with an injury or wrongful death case hire Bretz & Young.”
— Verified Client, Martindale.com