What is a wrongful death case?
In Kansas, a wrongful death case, is where a person was killed because of the legal fault of another. Some common causes of wrongful death include: fatal accidents, auto/truck accidents, nursing home negligence, defective products and more.
A person, company, or governmental agency can be legally at fault for acting negligently and for acting intentionally. Negligence exists when the person or entity fails to act as a reasonable person would have acted.
Who can file a wrongful death claim?
A claim for wrongful death can be brought by a family member, heir or legal representative. This action would be by those who suffered damage as a result of the death of another. A legal representative (ex. spouse, child) can seek damages on behalf of all other legal heirs.
Parents of a deceased fetus, if the baby was viable at the time of death, may be able to bring a wrongful death suit as well.
Who is responsible for the death of your loved one?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees who have caused harm. For example, a wrongful death action might include defendants such as:
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