Topeka Wrongful Death Lawyer

Losing a loved one, especially suddenly, is never easy, and it is even more devastating when their death occurs due to the negligent actions of another person. Most accidents that claim the lives of others are often entirely preventable, such as a vehicle collision, but unfortunately, they still happen.

If reckless or negligent behavior caused the death of your family member, a compassionate and experienced Topeka wrongful death lawyer can help you pursue legal action against those responsible. We understand how difficult this situation is for you and your family, and while we know that monetary compensation cannot bring back your loved one, you can still seek justice for their death.

How Do These Preventable Deaths Occur?

Wrongful death cases like these vary from case to case, and each unique claim has its own set of challenges. It may not be clear at first who can be held responsible for the death of your loved one, but your attorney will guide you through the process. Most causes for these preventable deaths that our law office, Prochaska, Howell & Prochaska LLC, sees are:

• Car accidents
• Truck accidents
• Medical malpractice
• Birth injuries
• Nursing home abuse or neglect
• Premises liability accidents
• Intentional acts of violence

As mentioned previously, most of the time, these types of cases are entirely preventable, but due to human error, impatience, or outright negligence, these accidents still cause unnecessary deaths. It’s important to remember that in the case of a wrongful death, you can bring a claim against the at-fault party, which our office will assist you with.

What Is the Claims Process?

In the state of Kansas, you have two years after the death of your loved one to file a claim against those responsible. If you file your claim after that statute of limitations has passed, you will likely not be able to pursue legal action. Additionally, even if a claim is submitted within the time frame, your lawyer will have to prove negligence on the part of the person responsible for your loved one’s death, which they can discuss with you.

Who Can File a Claim?

When a loved one has passed, it is not only a traumatic time but can also be confusing, which is why it is so important to have a skilled attorney by your side. Your Topeka wrongful death lawyer can help guide the following surviving family members through the process of filing a claim:

• Spouse
• Children
• Parents: In some cases where there is no surviving spouse or children
• Siblings: In some cases where there are no surviving spouse, children, or parents
• Grandparents: In some cases where there are no other surviving family members
• Other people who may be legally dependent upon the deceased

Any one of the heirs at law of the deceased may file a wrongful death claim, and all heirs who claim the loss or damages may receive benefits, even if they did not join the lawsuit.

Recoverable Damages

Although no amount of money can replace the loss of your loved one, if you choose to pursue a wrongful death suit against the person(s) responsible for your loved one’s death, you and your family will likely receive compensation for any or all of the following:

• Funeral and burial expenses (or cremation services and other such related costs)
• Medical expenses (from the date the injury occurred through the date of death)
• Loss of income (including any future earnings the deceased would have made had they lived)
• Pain and suffering
• Loss of parental care, comfort, and guidance
• Loss of spousal care, protection, and companionship
• Loss of attention or filial care

It is important to note that Kansas statute 60-19-3 prohibits the amount of compensation for pain and suffering losses in a wrongful death lawsuit to exceed $250,000; however, there is no limit to compensation for financial losses.

Seeking Legal Recourse for Your Loss

Losing a beloved family member is always a tragic and difficult situation, especially when it is due to someone else’s careless or reckless actions. At Prochaska, Howell & Prochaska LLC, we understand the depth of the trauma you are going through, and we want you to understand that you don’t have to go through this alone.

Contact our Topeka office today for your free, confidential consultation. When you do so, you’ll see how a Topeka wrongful death lawyer on our team can help you during this trying time. We are here to walk you through this unnecessary process and take on some of your burdens while you grieve your loss