Manhattan, KS Wrongful Death Lawyer

Each year, residents across Kansas, including right here in Manhattan, lose their lives prematurely because of someone else’s negligence. These individuals’ sudden passings end up robbing their family members of valuable quality time and depriving their loved ones of a better sense of financial security that they could have helped create.

If you’ve had the misfortune of losing a close relative, consider reaching out to a Manhattan, KS wrongful death lawyer to apprise yourself of your right to take legal action to hold any and all responsible parties liable for their actions.

Our legal team at Prochaska, Howell & Prochaska LLC will meet with you for a free one-on-one consultation.

How Kansas Law Defines the Concept of Wrongful Death

When describing what a wrongful death is, our state statutes define the concept as follows, “the death of a person…caused by the wrongful act or omission of another.” In the legal field, we often describe a passing that occurs this way as a “preventable death.”

How Do Preventable Deaths Occur?

These unanticipated, untimely deaths tend to result from a wide range of personal injury incidents, including:

• Auto accidents, such as car crashes or truck collisions
• Dangerous premises situations, like slips and falls down stairs or assaults stemming from negligent security situations
• Medical malpractice, such as medication dosage mistakes or surgical errors
• Use of defective products, like lithium-ion battery-powered devices that explode
• Workplace accidents, such as falls or crush injuries

In short, virtually any potential injury accident that results from someone else’s negligence or intentional oversight can turn deadly, thus warranting the filing of a wrongful death claim.

Proving Recklessness or Negligence in a Wrongful Death Case

You must establish a few elements to be eligible to file a death lawsuit in our state on the grounds of negligence or recklessness, including the defendant:

• Had a duty of care they owed the now-deceased
• Didn’t uphold that standard of care because they were careless or reckless
• Took actions or inaction that caused the fatal accident to occur

It’s necessary to be able to produce evidence supporting these elements to qualify to file a legal claim following an avoidable death like this.

Understanding What Heirs at Law Are and Their Role in a Case

In Kansas, only certain family members or the decedent’s personal representative are eligible to file a wrongful death lawsuit.

If you read up on the wrongful death claims filing process, you’ll quickly find the mention of “heirs at law.” This legal construct refers to those who sustained damages because of their loved one’s passing who are eligible to intervene in a case despite not having originally joined the lawsuit. Some examples of family members eligible to join a wrongful death action like a lawsuit here in Kansas include surviving:

• Spouses
• Children
• Parents
• Siblings
• Grandparents

Kansas Wrongful Death Statute of Limitations

The Kansas Statutes Annotated, specifically KSA § 60-1901 et seq., outlines how long surviving family members who are plaintiffs in a legal action have to file a death lawsuit. They have just two years to do so.

However, certain exceptions may apply, such as if the injuries your close relative ultimately succumbed to didn’t immediately claim their life but instead did so after some time. The filing deadline may only start counting down from the time of their death.

There are only special conditions that may apply, too. Thus, if the 2-year window is fast approaching, reach out to a Manhattan, KS wrongful death lawyer who can evaluate your case for free and advise you of the particular timeline that applies to your unique legal matter.

Is There a Limit on How Much You Can Recover by Filing a Death Claim?

This transcript of Kansas Legislature House Bill 2183 outlines how judges and juries may award what they deem to be “fair and just” given the facts and circumstances surrounding an individual’s passing when wrongful death actions are filed.

However, that bill clearly states that no damages, other than pecuniary losses (monetary ones) like medical costs, income losses, and lost future earnings, can exceed $250,000.

Why Get an Attorney Involved if You’re Planning to Take Legal Action

Like most legal matters, you can certainly handle filing a wrongful death lawsuit on your own.

However, since cases like these require interpretation of laws, there are specific elements you must establish to file suit, set deadlines apply to these cases, and you only get one chance to file suit to recover compensation; it’s best to leave such matters in the competent hands of a Manhattan, KS wrongful death lawyer.

The attorney you meet with will discuss whether you have a valid claim during your initial consultation with them and your legal rights if so.

However, if you hire legal counsel, you can expect them to compile evidence in your case, handle conversations and settlement negotiations with insurers and fellow attorneys, or try your case in a courtroom at trial. This assistance takes the pressure off you, allowing you to continue to grieve.

Reach out to our law firm, Prochaska, Howell & Prochaska LLC, if you’re looking for guidance from a respected legal team here in Manhattan, KS.