Since our last blog post on the decapitation and death of the 10-year-old, at Schlitterbahn Park, in Kansas City, Kansas, a $20 million dollar settlement has been reached. In addition, criminal charges have been brought against several parties involved with the park. If you are aware that there are maximums on what a family can receive in wrongful death suits, you may be wondering how the family was awarded $20 million. Below you will find out how.
In Kansas, when a wrongful death occurs, any "heir at law" can file the suit. Oftentimes that is the spouse or children of the deceased. In this instance, because of the age of the victim, it was his parents. Caleb's parents had claims against multiple parties for the death of their son too (ex. the park owner, those who built the slide, etc...). They likely maximized the following damages:
Actual damages seek to reimburse you for prior financial losses. There is no cap on the amount you can receive for actual (a.k.a economic) damages. Some of the damages Caleb's family likely asked for were:
The family likely sought general damages too. Kansas law, depending on the date of injury, caps the amount you receive for non-economic damages (ex. disfigurement, pain and suffering, etc...) between $250,000 - $350,000. This cap may not apply where a wrongful death occurred or for economic loss (ex. loss of future earning). General damages include the things that can’t be precisely documented in dollars spent, including:
No amount of money will make up for the loss of a loved one. Surely, the Schwab family is still suffering. If you, or your loved one, has experienced injury or death, because of the negligence of another, contact us today at 913.602.7288 or complete this FORM. These cases are complex, can be put in front of a panel (where experts must testify for/against your claim) before it advances to hearing and, are usually handled by the at fault party's lawyer. It's best to have a lawyer fighting for what you deserve. We have recovered tens-of-thousands of dollars for clients just like you.
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