Losing a loved one is one of the most challenging things we will ever have to endure during our lifetime. Knowing that your loved one lost their life due to another person’s negligence just makes accepting their loss more challenging. Depending on the circumstances surrounding your loved one’s death, you may have legal options available to help you move forward. Working with a wrongful death lawyer in Kansas can make a big difference in your ability to get justice.
For decades, our Kansas City wrongful death lawyers at Peterson & Associates, P.C. have stood by the sides of victims and their families following accidents across Kansas. If your loved one has lost their life as a result of an accident, our lawyers will help you file a wrongful death case against the negligent party. We will help you get justice for your loved one insecure compensation that you can use to cover the costs resulting from their fatal accident.
Contact our Kansas City wrongful death law firm at your earliest convenience to schedule a free consultation with our team to get started.
What is a Wrongful Death Claim?
In Kansas, if a person is harmed due to someone else’s negligence, they can legally pursue a personal injury claim against the at-fault party. These legal actions allow victims to seek compensation that they can use to cover the financial burdens they face due to their accidents. When victims pass away due to injuries, the ability to file a legal action is passed to another entitled party.
In Kansas, wrongful death claims are governed by Article 19 of Chapter 60 of the Kansas Statutes. This status states that a wrongful death is defined as a death that is caused by the wrongful act or omission of another person or party.
In some cases, a wrongful death claim may be pursuable if the accident or action claims the life of an unborn child. However, claims are not pursuable if the death is a result of the acts committed by the mother, a legal abortion, a lawful medical procedure, or lawfully prescribed or dispensed medication.
Who Can File a Wrongful death Claim in Kansas
After a victim’s death, various parties can pursue a wrongful death claim against the negligent parties. In Kansas, those who are entitled to file wrongful death actions include:
- The surviving family members of the deceased person
- Surviving siblings
- Surviving spouse
- Surviving child or children
- Surviving parents
- The personal representative of the estate
- Any heirs at law
- Any heir that suffered damages as a result of the victim’s passing
If your family member has lost their life due to someone else’s negligence, our lawyers will help you seek justice. In Kansas, entitled parties generally have a period of up to two years from the date of death to file a wrongful death claim against the negligent party. However, waiting can negatively impact your ability to prove another party’s negligence and build the strongest case possible for seeking compensation. For this reason, it is in your best interest to reach out to our legal team as soon as possible to get started on your case.
Wrongful Death Cases We Handle
Accidents occur every day in Kansas, resulting in serious injuries or death for those involved. Unfortunately, many types of accidents can result in fatal injuries.
If your loved one has lost their life in an accident, you must seek legal guidance from a knowledgeable law firm as soon as possible. Having a skilled and seasoned legal team by your side can make all the difference regarding your chances of getting justice.
Our Kansas wrongful death lawyers at Peterson & Associates, P.C. have decades of experience helping bereaved family members get justice after losing loved ones due to the negligence of others. Some of the most common wrongful death claims we handle for our clients involve accidents like:
- Motor Vehicle Accidents
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Rideshare Accidents (Uber or Lyft)
- Drunk Driving Accidents
- Motorcycle Accidents
- Boat Accidents
- Medical Malpractice
- Premises Liability Accidents
- Slip and Fall Accidents
- Dog Attack
- Acts of Violence due to Inadequate Security
- Elevator Accidents
- Fire Incidents
- Toxic Chemical Exposure
- Drowning Incidents
- Workplace Accidents
- Intentional Conduct
- Recreational Accidents or Sporting Accidents
- Defective Products
- Defective Medical Devices
- Dangerous Drugs
No matter what type of fatal accident caused your loved one’s death, it is important that you act quickly to protect your legal rights. Filing a wrongful death lawsuit in Kansas against the person at-fault can help your family secure financial compensation that you can use to cover the damages you face moving forward.
Our Kansas wrongful death attorney can help your family get justice following your loved one’s death. Contact our law firm today to schedule a free case evaluation at your earliest convenience to get started on your case.
Proving Negligence in a Wrongful Death Claim
When pursuing wrongful death lawsuits, claimants must be able to prove that the elements of negligence existed at the time of the accident. The four elements of negligence include:
- Duty of care: The named defendant had an obligation to the deceased person to conduct themself in a reasonable and safe manner.
- Breach of duty: The defendant breached the duty of care by engaging in a wrongful act that was neither safe nor reasonable to the deceased person.
- Causation: The breach of duty by the defendant is what caused the accident to occur and the fatal injuries to the victim
- Damages: The incident resulted in compensable damages to the claimant.
Our lawyers will conduct an in-depth investigation on your behand to prove that all of these elements were present at the time of the accident that claimed your loved one’s life. We will build the most substantial wrongful death lawsuit possible to ensure you can get justice.
Available Damages for Wrongful Death Claims
If your loved one has lost their life due to another person’s negligence, you may be able to file a wrongful death claim against the at-fault party. This type of legal claim is designed to help surviving family members secure financial compensation that can be used to cover an array of economic damages and non-economic damages that they face moving forward.
Our Kansas wrongful death attorneys at Peterson & Associates, P.C. can help you secure the maximum compensation available for your lawsuit so you are better positioned to move forward.
Some of the damages that our lawyers will help you seek compensation for include:
- Pain and suffering that you experience
- Your loved one’s pain and suffering prior to death
- Loss of companionship
- Loss of attention/filial care
- Loss of training or education
- Loss of employment benefits
- Loss of attention
- Loss of parental guidance
- Medical expenses
- Loss of services
- Lost income
- Emotional distress
- Funeral expenses
- Burial fees
- Property damage
Depending on the circumstances, you may also be entitled to punitive damages. These damages are generally awarded as punishment in cases where your loved one suffered death resulting from the gross negligence of another party.
In Kansas, surviving family members can seek compensation for pain and suffering and other non-economic damages they face. However, these damages are capped at $250,000. There is no cap on the financial losses that can be recovered in a wrongful death case.
Our Kansas wrongful death lawyers will handle your case on a contingency fee basis. You do not have to worry about paying anything upfront. Instead, we will retain an agreed-upon portion of the settlement or verdict once we win your case.
We understand the challenges that families face after losing a loved one. We fight diligently to ensure our clients can secure the maximum amount of compensation available to cover these and other financial burdens they face moving forward. Contact our Kansas wrongful death attorney today to schedule a free consultation at your earliest convenience to get started.
Should I File a Wrongful Death Case?
The decision of whether you should file a wrongful death claim can be challenging to make. At Peterson & Associates, P.C., we can help you determine whether or not you have a valid case. If you do, we will help educate you concerning your legal rights and help you choose the best course of action given the unique details of your case.
One thing you must consider is the timing of your wrongful death claim. In Kansas, you only have a limited time to pursue a wrongful death lawsuit after a person dies. This period, which is referred to as the statute of limitations, is generally two years from the day the person dies. However, various circumstances can reduce your time to file a legal claim.
Although this may seem like a long time, filing a legal claim as soon as possible is in your best interest. The chances of having a solid claim full of clear and convincing evidence can be reduced as time goes by. With adequate evidence, you may be able to obtain the outcome you expect.
Services We Provide For Our Clients
The time following your loved one’s death can be incredibly challenging. Family members often struggle to move forward. The last thing families need to worry about is navigating the complex legal system to get justice. For this reason, our team at Peterson & Associates, P.C. will help you get justice by taking all of the legal work off of your hands.
Our Kansas wrongful death lawyer will assist you with your lawsuit against the negligent party. We will investigate the accident that led to your loved one’s death and gather evidence on your behalf. Our lawyers will work with experts who can prove details surrounding the accident and how the defendant is at fault.
Our Kansas wrongful death lawyer will help you prove negligence existed at the time of the accident, so you can prevail. We will negotiate compensation on your behalf to ensure your family members have the money necessary to cover the costs you face moving forward.
If we are unable to come to a settlement agreement with the insurance company, our lawyers will fight fearlessly inside the courtroom to help you obtain the outcome you expect and deserve for your wrongful death claim.
We are committed to helping bereaved families hold the responsible party to account after enduring the loss of a loved one.
If your loved one was killed due to another person’s negligence, our lawyers could meet with you at your earliest convenience to get started on your case. Contact our Kansas law firm today to schedule a free consultation to get started.
Helping the Families of Victims of Violence
Each year, acts of violence take the lives of thousands of people across the United States. Here in Kansas, numerous people lose their lives in shootings, stabbings, and other violent attacks. These incidents often tear families apart and force them to deal with overwhelming pain and suffering.
Although the court system can act to hold the perpetrator at fault for their criminal actions, it does very little to help families gain closure and cover the costs that they are forced to endure. For this reason, family members can file a wrongful death claim against perpetrators of violence who have caused their loved one’s death.
Filing a wrongful death lawsuit in Kansas after losing a loved one to an intentional act of violence can be quite complex. Depending on the circumstances surrounding your loved one’s passing, several parties can be held legally responsible. For example, if your loved one has died due to another person’s wrongful act, such as an attack at a nightclub, the nightclub owner may be held liable if they failed to ensure the safety of patrons.
Our lawyers will thoroughly investigate the incident that claimed your loved one’s life. We will gather evidence from various sources to ensure you have the strongest case against every legally responsible party. We will help you pursue legal action against everyone responsible and help your family get justice and recover the compensation you need and deserve.
Let Our Team Help Your Family Get Justice
There are far few things worse than dealing with the untimely death of a loved one. Having to move forward while dealing with their loss can seem nearly impossible. Although there is no compensation that will ever bring your loved one back, having the financial resources you need to cover the costs of funeral expenses and other financial burdens can help ease some of the pain and suffering your family is forced to endure. Our Kansas wrongful death attorney at Peterson & Associates, P.C. will fight to help your family get justice and secure the maximum amount of financial compensation possible for your lawsuit.
Our law firm will take an aggressive approach toward helping your family get justice. We will:
- Handle all communication with the insurance company
- Take control of all administrative tasks on your behalf
- Help you make informed and educated decisions about your case
- Provide you with advice, guidance, and insightful advice regarding your legal rights and options
- Conduct an investigation into the circumstances surrounding your loved one’s accident
- Identify all liable parties and establish negligence
- Seek full and timely compensation through settlement negotiations
- Fight with compelling evidence in front of a jury whenever needed
We stand by the sides of victims and families who the negligent actions of others have negatively impacted. Our lawyers fight tirelessly to ensure each of our clients can get justice and gain the best position possible to move forward.
If your loved one has lost their life as a result of another person’s reckless or negligent actions, a wrongful death claim may provide you with the sense of closure that your family truly needs. Our lawyers can help you protect your legal rights and best interests. You must reach out to our Kansas wrongful death law firm to schedule a free case evaluation at your earliest convenience.
Our lawyers can meet with you to discuss the circumstances surrounding your loved one’s death and the legal options available to help your family move forward. Contact our Kansas law firm today at 816-888-8888 to get started.