Wrongful Death Attorneys in Manhattan, Kansas

Sometimes in life, the unthinkable happens. A car crash, an accident on a job site, or a medical malpractice incident takes the life of someone you love. When this happens, you’ll no doubt be overcome with grief but also with questions about what the future holds. In these cases, the loss of a loved one can mean lost companionship and financial stability. To ensure you and your family are taken care of after an incident like this, consider working with a personal injury attorney to file a wrongful death lawsuit. If you're in the Manhattan, Kansas, or Junction City area, and your family has recently experienced an accident leading to death, contact us at the Oleen Law Firm to learn about your options. 

Why File a Wrongful Death Claim? 

Understandably, it can feel futile seeking compensation for a wrongful death since nothing will bring your loved one back. However, seeking closure and legal action against the party responsible can hold them accountable and ensure this kind of thing doesn’t happen to other families. Additionally, the expenses you’ll incur not only due to the lost income of a spouse or parent, but also funeral and burial expenses and time off work, can add up quickly, and you deserve to be compensated for your loss. Addressing these financial difficulties will not solve your problem completely, but it can relieve stress and allow you and your family time to grieve. 

What Constitutes Wrongful Death in Kansas?  

Each state has its own definition of wrongful death, and in Kansas, it means that someone lost their life due to the “wrongful act or omission” of another party. This can include intentional acts, accidents, or incidents of medical malpractice. In most cases, you have two years from the date of death to bring forward a lawsuit. 

Who Can File a Kansas Wrongful Death Claim?  

Typically, you must be a family member to bring a wrongful death claim on behalf of someone else. Namely, you have to be either the surviving spouse, child, parent, sibling, or grandparent of the deceased. 

What Needs to Be Proven to Constitute Wrongful Death?  

Central to the question of a wrongful death claim is liability. If you’re left wondering, “Was it someone else’s negligence that caused my loved one’s death?”, a wrongful death attorney can help you work through your options. Specifically, they’ll help you gather the necessary evidence that proves another party was responsible for the death of your loved one and that you incurred damages because of their death. Once you can prove this, you’ll have established liability. 

Damages Available 

The damages you seek will depend on the nature of the case, but they can include several expenses related to the death. This could include burial and funeral costs, medical expenses, loss of consortium, pain and suffering (including mental anguish and bereavement), and both present and future lost wages. These damages are typically paid out to all heirs who were materially affected by this death, regardless of who actually filed the claim. This will be left to the discretion of the judge presiding over your case.