If you and your family are still reeling from the loss of a loved one, you can ask an attorney to step in and help you manage your legal affairs. An experienced attorney can help you name the party responsible for your loved one’s death before taking the offender to civil court.
Filing a wrongful death claim allows you to demand fair compensation from the person responsible for your loved one’s death. While money can never replace your loved one, it can make it easier for you to pay the bills associated with their post-life care. At Hollis Law Firm, our attorney is dedicated to helping families pursue justice for their losses. With 15 years of experience, we have the knowledge and skills to fight for your rights and interests.Â
Who Can File a Wrongful Death Claim?
Only certain parties have the right to take legal action after a loved one dies. Kansas law states that only certain family members can file a claim on behalf of the deceased, including the following:
- Spouse
- Child or collaborating children
- Parents or grandparents
- Siblings
Parties outside these categories do not have the right to pursue a wrongful death claim against a negligent party. However, unrelated parties may have the right to file their personal injury claims if they, too, endured losses as a result of a fatal accident.
Adoptive children interested in filing a wrongful death claim on behalf of a deceased parent should meet with a wrongful death attorney to discuss whether or not they have the right to pursue damages in that parent’s name in the eyes of the law.
Who Benefits From a Wrongful Death Claim?
Filing a wrongful death claim in the wake of a loved one’s death can be an emotionally stressful experience. Is it worth the effort? In most cases, yes. Wrongful death claims allow families to overcome the financial burdens associated with post-life care, including funeral costs and mortuary expenses.
The money secured via a wrongful death claim can often be divided between all of the parties that stand to benefit from the deceased’s will and testament. An attorney can help divide a case’s final settlement between these parties, even if not all of these parties had the right to participate in the lawsuit.
You can discuss how a possible settlement might be divided between relevant family members when you schedule a free case consultation with a wrongful death lawyer.
How Do You Prove Your Right to a Wrongful Death Claim?
If you want to prove your right to file a wrongful death claim in a loved one’s name, you need to bring forward enough evidence to prove that another party owed your loved one a duty of care at the time of their accident. This evidence can help you argue that a liable party engaged in avoidable negligence or recklessness, thereby putting your loved one in harm’s way.
Evidence may include photos, videos, witness statements, and electronic data from cell phones or relevant vehicles. Your attorney can also seek out expert witnesses to provide statements on the nature of your loved one’s injuries or other losses.
How Do You Ask for Fair Wrongful Death Compensation?
It’s not fair to ask you to put a value on a loved one’s life. However, you can put a value on the losses that you and your family have sustained due to someone else’s negligence. For example, when filing a wrongful death claim, you have the right to demand that a liable party repay you for the following:
- The cost of a loved one’s pre-death medical treatments related to the accident’s injuries
- Hospice care
- Mortuary expenses
- Funeral expenses
- Lost wages and reduced income
- Lost property and property restoration efforts
- Loss of consortium
- Loss of companionship
- Grief
- Emotional distress
- Pain and suffering
- Reduced quality of life
A wrongful death attorney can help you assign specific dollar values to these losses before estimating the total value of the settlement you can demand from a liable party. Notably, you need evidence tying these losses to a loved one’s death if you want to include them in your claim.
Fortunately, your representative can work with experienced investigators to gather the data necessary to emphasize your right to comprehensive financial support.
When Should You Contact a Wrongful Death Lawyer?
You have a limited amount of time to bring a loved one’s wrongful death case forward. If you’re filing a personal injury claim in Kansas, you have to abide by the state’s statute of limitations, which allows you to take no more than two years to finalize your paperwork and submit your claim for judicial consideration.
You cannot miss your wrongful death case’s filing deadline if you want to make a legal move against the person responsible for your loved one’s passing. If you miss your deadline, Kansas’s civil courts have the right to refuse to hear your case.
Hollis Law Firm Fights for Our Clients’ Rights
Losing someone due to another’s negligence creates both emotional devastation and unexpected financial burdens. While compensation cannot restore what was taken from you, it can help address the substantial costs of funeral services, outstanding medical bills, and lost household income that often accompany unexpected deaths.
At Hollis Law Firm, our attorney has 15 years of experience helping families seek accountability after preventable deaths. We understand the sensitive nature of these cases and approach each with compassion and thorough legal expertise. If someone’s negligent actions resulted in your family member’s death, we may be able to help you pursue the compensation you deserve while you focus on healing. To discuss your legal options, contact us using this contact form or call (800) 701-3672.
