What Is A Wrongful Death?
Being affected by a wrongful death of a loved one or family member can be an overwhelming experience. But what classifies the loss of a loved one as a “wrongful death?” If the negligence of a business or individual results in the death of another, the family may be eligible to receive compensation on their behalf through a wrongful death claim. Since the deceased cannot file a wrongful death claim, it is the family member who seeks compensation.
Wrongful death can be a result of a car wreck, motorcycle wreck, truck wreck, pedestrian collision, construction site accident, dangerous condition on someone’s property, or even medical malpractice or nursing home neglect. The civil court typically handles wrongful death claims in Kansas. It’s important to note that if a criminal case is underway for the same accident, a wrongful death claim can still be filed. A wrongful death case always looks to provide compensation to family members for any financial hardships they may encounter due to losing a loved one.
How A Wrongful Death Claim Works
A wrongful death sometimes results in two separate civil cases. First is an actual wrongful death case. The second civil case is commonly known as a survival claim, wherein the estate of the deceased has a right to recover for the deceased for a variety of losses. So let’s take a look at what’s covered under two types of claims you can file in the event of someone’s death under Kansas law:
Wrongful Death Claim
These claims are intended to provide compensation to those whose lives were affected by the death of a family member. These types of claims may cover medical bills incurred prior to the death as well as funeral costs and almost anything related to the death that may have caused financial hardship.
- Funeral expenses
- Mental anguish
- Suffering
- Bereavement
- Loss of society
- Companionship
- Comfort or protection
- Loss of marital care
- Attention
- Advice or counsel
- Loss of filial care or attention
- Loss of parental care
- Training
- Guidance or education
- Medical expenses and economic loss for the deceased’s earnings
Survival Claim
A survival claim is basically a personal injury claim for the deceased. This claim aims to receive compensation for the departed. All of the money compensated through a survival claim will be sent to the deceased’s estate.
- conscious pain and suffering,
- mental anguish,
- disability and disfigurement
- medical expenses
- wage loss
Do You Need a Wrongful Death Attorney Near McPherson?
If someone you love died as a result of another party’s negligence, contact Brian & Brian at Pistotnik Law to help settle your case. Contact the wrongful death attorney in McPherson with over 50 years of combined experience. The attorneys at Brian & Brian at Pistotnik Law know how to get the maximum results for clients. Have any worries? Just check out what our past clients have to say about us! Or give us a call or contact us today! As your choice wrongful death attorney in McPherson, we’re here to help.