Wrongful Death Frequently Asked Questions
What You Always Wanted to Know about Wrongful Death
What is wrongful death?
A wrongful death claim alleges that someones negligence or recklessness caused the victim’s death. Kansas has a wrongful death statute to allow certain survivors to bring this type of claim.
What are the elements of a wrongful death claim?
Generally, a wrongful death occurs when a death is caused, in whole or part, by the conduct of a negligent or reckless third party.
Who can file a wrongful death claim?
Although the exact category of people allowed to bring such a claim varies, generally the decedent’s spouse and/or children may bring these claims. Usually an Estate must be opened and an Administrator appointed. We can do this for you. It is important that this be done as soon as possible.
When must a wrongful death claim be filed?
Kansas has its own time limit, statute of limitations, that defines the time frame during which a wrongful death lawsuit may be filed. In Kansas the statute of limitation, for a wrongful death claim, is generally two years. A claim, even a valid claim, may be (and usually is) denied by the courts if it is filed after the statute of limitations has run.
If a loved one of yours lost their lost due to the negligence of someone else, Call 316-265-6000 or contact us online today! There is a time limit in which a wrongful death lawsuit must be filed in Kansas. Don’t let your time expire.