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