What is Wrongful Death?

Unlike in a criminal case, where homicide or manslaughter are narrow and defined, wrongful death is broad. Wrongful death is when the negligence or recklessness of another (person or business) causes loss of life. Medical malpractice, motor vehicle accidents, workplace accidents and product defects are the most common causes of wrongful death. Kansas limits the time to file a claim, for wrongful death, to two years (no matter the cause). 

Recklessness vs. Negligence

• Recklessness  is when the person knew (or should have known) that his or her action were likely to cause harm.
• Negligence is when the person acted in violation of a duty to someone else, with the breach of that duty causing harm to someone else.
  

Who can bring a wrongful death lawsuit?
Kansas allows the "heirs at law" of the deceased to seek compensation for the damages sustained because of the wrongful death. Possible claimants include:

• The estate of the deceased
• The surviving spouse/life partner 
• The children of the deceased
• The natural or adoptive parent
• The surviving family members

What damages am I entitled to?
Wrongful death damages can include, but are not limited to:

•  mental anguish, suffering or bereavement;
• loss of society, companionship, comfort or protection;
• loss of marital care, attention, advice or counsel;
• loss of filial care or attention;
• loss of parental care, training, guidance or education; and
• reasonable funeral expenses for the deceased. 

There is a limitation (or cap) on non-pecuniary (ex. pain and suffering, loss of enjoyment of life, etc... damages in Kansas. The current cap on non-pecuniary damages is $250,000.00.

Pecuniary damages is not limited to financial contributions. Loss of the decedent’s services, care, guidance, attention, advice, and protection are listed along with loss of earnings and funeral expenses in the pecuniary category. These damages are referred to as Wentling damages. 

What are the two types of claims in a wrongful death action?
When your loved one's death is caused by the negligence or recklessness of another, there is causes for two separate claims:

• Wrongful death (as noted above)
• Survival action - allows a personal representative of the estate to recover “damages accrued by the injured party between the date of injury and death for the benefit of the decedent’s estate.” In Kansas claims for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, or for death by wrongful act or omission, can be brought after the death of your loved one. Should any such claim exist, the survival action is pursed.

The recklessness or negligence of another may have caused the death of your loved one. Surely this is a difficult and emotional time for you. We understand! The Kansas wrongful death laws are complex and time sensitive. You deserve to be compensated for the damages you suffered because of your loss. We are here to help you in the legal process. Call Attorney T. Morton today @ 913.602.7288 or completed this FORM.