A loved one’s sudden death can leave an irreplaceable void in the lives of the affected friends and family. It doesn’t get any better when the death in question could have been prevented were someone to exercise their duty of care.
If a loved one succumbs because of another person or entity’s negligence, you may bring a wrongful death lawsuit against the liable party. This is a civil lawsuit that is meant to help you recover applicable economic and non-economic damages that are attributable to the death. Before filing a wrongful death lawsuit, however, it is important that you find answers to the following questions:
Who can file the lawsuit?
A loved one’s sudden death is bound to impact so many people. However, Kansas wrongful death laws restrict who can bring a wrongful death lawsuit against the liable party. These are “heirs at law” who have sustained specific damages by virtue of the decedent’s death. Generally, these include the decedent’s spouse, children, parents or grandparents and siblings.
How long do you have to file?
To recover damages in a wrongful death lawsuit, you must act within the statute of limitations period. Basically, this is two years from the date of the decedent’s death. It’s extremely important that you do not let this statute of limitations period run out as failure to act within the 2-year period can result in the court dismissing your case.
What are the recoverable damages?
The decedent’s family may recover both economic and non-economic damages. Economic damages applicable to wrongful death claims include medical bills, funeral and burial costs and lost income. Non-economic damages may include loss of companionship and mental suffering and bereavement.
No amount of money can bring back a loved one from death. However, a wrongful death lawsuit can help you recover damages and bring some closure to the matter.