Losing a loved one to wrongful death can take a toll on you emotionally. If you file a case against the liable party, you should know about the damage cap on wrongful death claims in Kansas.
What is a wrongful death claim?
A wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness or deliberate act of violence. When a person loses a loved one in such a manner, they have a right to file a lawsuit as long as the victim would have had cause for filing a personal injury claim if they’d lived.
The deceased’s surviving family members: their spouse, children, parents, grandparents or siblings are entitled to file a wrongful death lawsuit. Anyone who is considered an eligible heir could file a wrongful death claim against the party who caused their loved one’s death.
What is the cap on damages in wrongful death claims?
In Kansas, there is a set cap on the damages the surviving family members could recover as compensation in a wrongful death claim. The damages are divided into economic and non-economic damages. The cap is on non-economic damages at $250,000. However, there are no caps on economic damages. For example, if the deceased was in a coma in the hospital for three months before passing away, their surviving family members could claim damages in the amount of the hospital and medical expenses incurred over that time.
Other damages potentially recoverable in a wrongful death lawsuit include the following:
- Funeral and burial expenses
- Lost wages and lost earning capacity had the person lived
- Value of household services the victim performed
- Loss of companionship, guidance, care and support
- Mental anguish suffered by the surviving family members
If you lost a loved one due to someone else’s negligent or intentional actions, it’s your right to file a wrongful death claim.