Wrongful Death Attorney in Wichita, Kansas

Losing a loved one due to someone else’s negligence is a traumatic experience. In addition, the financial impact can completely devastate families. That is why seeking fair compensation through a wrongful death claim is an essential part of picking up the pieces and moving on. 

At Hess Law LLC, I fight for my clients’ rights following the wrongful death of a loved one. I believe in serving the people of Wichita, Kansas, with legal advice that will help them through the most difficult of times. Hess Law LLC also proudly serves communities throughout Sedgwick County. 

Why File a Wrongful Death Claim?

Filing a wrongful death claim can give the surviving family members a sense of closure and allow them to begin healing after a traumatic loss. It can also provide an opportunity to honor the memory of their loved one and ensure that their legacy is not forgotten. Holding the responsible party accountable for their actions is an important step, even though it won’t bring the lost loved one back. 

A wrongful death claim can also provide much-needed financial compensation to the surviving family members for the losses they have suffered due to the death of their loved one. This can include compensation for medical expenses, funeral expenses, lost income, loss of support and companionship, and other related damages. 

What Constitutes Wrongful Death in Kansas?

In Kansas, a wrongful death claim is a legal action brought by the surviving family members of a person who has died due to the negligence or wrongful act of another person or entity. The purpose of a wrongful death claim is to seek compensation for the losses and damages that the surviving family members have suffered as a result of the death of their loved one.

It is important to note that the statute of limitations for filing a wrongful death claim in Kansas is two years from the deceased person’s death date. Consult with an experienced wrongful death attorney as soon as possible to ensure that your legal rights are protected and to maximize your chances of a successful outcome. 

Who Can File a Wrongful Death Claim in Kansas?

In Kansas, the following individuals are allowed to file a wrongful death claim: 

• the surviving spouse of the deceased person 

• the surviving child or children of the deceased person 

• the surviving parents or grandparents of the deceased person 

• the surviving siblings of the deceased person 

For wrongful death cases, any damages awarded are for the benefit of all eligible heirs, even if they didn’t join the lawsuit. 

What Needs to Be Proven to Constitute Wrongful Death?

Certain elements must be proven to establish a wrongful death claim, which may vary depending on the case’s specific circumstances. Generally, the following elements need to be established: 

Duty of Care

The person responsible for the death had a duty to act with reasonable care toward the deceased person. 

Breach of Duty

The responsible party breached their duty of care by failing to act in a reasonably prudent manner or by acting negligently, recklessly, or intentionally.

Causation

The responsible party’s breach of duty was the direct cause of the deceased person’s death. 

Damages

The wrongful death resulted in damages to the surviving family members or the deceased person’s estate, such as financial losses, emotional distress, or loss of companionship.

It’s important to note that wrongful death cases can be complex, and the burden of proof is generally on the plaintiff to establish each of these elements. It’s essential to consult with an experienced attorney who can help guide you through the legal process and build a strong case to support the claim. 

Damages Available for a Wrongful Death Claim in Kansas

In Kansas, damages that may be available in a wrongful death claim typically fall into two categories: economic and non-economic damages. 

Economic Damages

These damages compensate for the financial losses suffered by the deceased person’s family members, such as: 

• medical expenses related to the deceased person’s final injury or illness 

• funeral and burial expenses 

• loss of income the deceased person would have earned had they lived 

• loss of services, such as household chores and childcare that the deceased person would have provided 

Non-Economic Damages

Non-economic damages compensate for the emotional losses and suffering endured by the deceased person’s family members, such as: 

• survivors' mental anguish, suffering, or bereavement 

• loss of the deceased person's companionship, care, support, and guidance 

In Kansas, non-economic damages are capped at $250,000, but there is no cap on economic damages. The amount of damages awarded depends on the specific circumstances of the case and the evidence presented to support the claim. An experienced attorney can help assess the potential damages available in a specific case and pursue a fair and just outcome for the deceased person’s family members.