What Is a Wrongful Death Lawsuit?
Losing a loved one is difficult for anyone, but when that loss is the result of the negligence of someone, the devastation can be that much more difficult to bear. If you have lost a loved one in a situation that was caused by another party, you may be able to bring a wrongful death claim against that individual or company.
Examples of Wrongful Death Claims
Wrongful death claims can be brought in a wide variety of situations. Two of the most common situations involve motor vehicle accidents and medical malpractice.
Motor Vehicle Accidents – If someone was killed in a car accident because another driver ran a red light, a wrongful death claim may be able to be brought against the driver who violated traffic laws. If in this same accident, the vehicle’s air bag was defective and failed to deploy, a product liability claim may also be able to be brought against the manufacturer of the air bag and/or vehicle. It is important to consult with a qualified wrongful death attorney regarding your unique situation as there may be multiple parties responsible for a loved one’s death.
Medical Malpractice- If a person was killed by the negligence of a medical provider, you may be able to pursue a wrongful death claim. For example, if a physician failed to diagnose or mis-diagnosed your medical condition resulting in death, a wrongful death claim may be able to be brought the physician.
Other wrongful death situations include premises and product liability actions.
Who Can File a Wrongful Death Claim?
Wrongful death claims are generally brought by a close family member of the victim. For example, in Kansas eligible beneficiaries of a wrongful death claim include a spouse, children, or the parents of an unmarried child. In order to determine if you are eligible to file a wrongful death claim, you should consult with an experienced wrongful death attorney about the particular circumstances of your case.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
While we all understand that no amount of money will bring back a loved one, individuals filing a wrongful death claim may be able to recover financial compensation for three general types of damages in Kansas.
Economic Damages – Economic damages include things such as funeral and medical expenses related to the death, loss of the deceased’s future earnings and future benefits, and other economic losses for things such as aid, assistance, guidance, education as well as losses associated with household services and domestic duties.
Non-economic Damages – Non-economic damages are things that have a less tangible value. This includes pain and suffering, mental anguish, loss of companionship, comfort and society and loss of inheritance.
Punitive Damages – In a small number of cases, punitive damages are awarded in addition to economic and non-economic damages as a way of punishing the responsible party for willful or grossly negligent acts.
If you have lost a loved one in an accident or due to medical malpractice and are unsure if you are able to file a wrongful death claim, you should consult with a qualified attorney as soon as possible. The law places limits on the amount of time you have to file these types of claims.
At Wall Huntington, we have medical malpractice experience, substantial resources and network of experts to bring your claim to trial and win. We have access to the policies and procedure manuals of all the major hospitals in Kansas, decades of deposition testimony, records of physicians and hospital administrators, and a substantial medical library. We have won cases other lawyers have rejected or given up on, simply by knowing who really was at fault.
If you have lost a loved one due the negligence of another, contact Wall Huntington Law Firm by calling 316-265-6000 or complete our online inquiry form for a free consultation.