What is a Wrongful Death Claim in Kansas?
A wrongful death claim is generally when either a person or a company has done something careless or negligent and has caused the death of a loved one. Wrongful death cases can vary from car accidents to truck wrecks, medical malpractice cases, as well as criminal acts in public places. All of these situations can give rise to a wrongful death claim.
How Has Your Experience Been in Handling Wrongful Death Cases?
I have been handling wrongful death cases for more than fifteen years. For the first decade of my career, I defended wrongful death cases primarily relating to truck wrecks and car accidents. For the last six years I have exclusively handled cases on the plaintiff’s side, including personal injury and wrongful death cases.
Who Can Actually Bring a Wrongful Death Claim?
All wrongful death claims in Kansas and Missouri are governed by statutes. Missouri and Kansas each have a specific wrongful death statute. Each of those respective statutes generally list who is able to bring a wrongful death claim. But generally speaking, if a person is married, their spouse is able to bring a claim. If a person has children, their children are able to bring a wrongful death claim as well. In the case of a minor child, it would be the parents of the child that are legally entitled to bring a claim against someone.
These are some of the issues that we deal with regarding who is able to bring a claim in any particular case. That is why it is important to contact an attorney relatively quickly to figure out who is the legal beneficiary, and who is allowed to bring a claim.
What Are the Top Misconceptions People Have About Wrongful Death Claims?
Unfortunately, in this line of work, many times the people that I speak with are in the absolute worst moment of their lives. It is a situation that they never thought they would ever be in. Their loved one has passed away due to some unforeseen incident that nobody expected. They are grief stricken. Many times, I do not think folks in that situation even know what questions to ask and so they come to me looking for guidance as to what their options are, and where do they go from here.
I do not know that I could say that there are any “common” misconceptions, however, I feel it is important to emphasize that each case is unique. Each case is absolutely different depending on the nature of the relationship the person had with the deceased, and sometimes, people come just seeking answers as to what happened. What happened in this wreck? Why did the driver not stop? Why did the driver not see my loved one? Those are the kinds of things that I hear so many times. People just want answers. Those answers people want when a loved one has passed, most often, can be retrieved through the process of wrongful death claims.
What Are the Biggest Challenges Faced by Clients in Wrongful Death Claims?
Obviously, the substance of a wrongful death claim is highly emotional. When you are dealing with the topic of a loved one passing away, one of the most difficult things is the grieving process, which is different for everybody. There is no right or wrong way to grieve, and many times my clients are going through complex grief due to a variety of factors. I think that the grieving process is the hardest thing to go through while in the midst of a pending lawsuit for a wrongful death claim.
What Is the General Timeline in Which a Wrongful Death Lawsuit May Be Resolved?
Typically, from the first time that we are contacted by the family to a resolution, it averages between twelve to eighteen months in most cases.
For more information on Wrongful Death Claims in Kansas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 451-9500 today.
Get your questions answered - call me for your free, 20-minute phone consultation (913) 451-9500.