The premature death of a loved one is perhaps the most difficult loss you could face. Sadly, wrongful deaths are preventable and typically occur in moments of selfishness, leaving victims’ families with a void in their lives. If you have lost someone, a Manhattan, KS, wrongful death lawyer can help you determine what recourse you have against the wrongdoer.
Why Choose the Palmer Law Group?
Experience Matters in Times of Need
The Palmer Law Group works with clients in need every day. We understand their pain and feel the urgency underlying each and every one of their situations. You can rely on us as many have to handle this delicate matter and work to resolve your case in a timely manner.
At the Palmer Law Group, our clients benefit from:
- A firm with more than $80 million recovered for clients
- Industry-recognized Manhattan, KS, wrongful death lawyers
- A direct line of communication to our Manhattan, KS, wrongful death lawyers
- Peace of mind that your interests are being safeguarded.
Your losses are not your responsibility if they were caused by a wrongful death. By demanding compensation, you can potentially obtain relief for your losses and acquire the resources you need to help you build for the future.
The Palmer Law Group has long served the legal needs of the communities of Manhattan and NE Kansas. Thousands have trusted our firm to get the justice they deserve. Our Manhattan, KS, wrongful death attorney has recovered much-needed compensation for our clients in mourning.
You can trust us to represent you vigorously and to fight for what you need. Give us a call at (785) 233-1836 to learn more.
The Unexpected Loss of a Loved One
What Is Wrongful Death?
A wrongful death occurs because of the wrongful act or omission of another person. Although the criminal justice system deals with such deaths on behalf of victims and their families, civil law (personal injury link) also has provisions that allow the loved ones of a victim to seek justice for themselves.
Wrongful deaths are not the by-product of a simple mistake. They are the result of negligent, reckless, or intentional behavior. As such, criminal charges are often appropriate alongside civil claims of wrongful death.
The financial consequences of wrongful death can turn lives upside down.
If the person who died was a breadwinner, the effect of their absence could lead to an emergency financial situation where the surviving family members and dependents are scrambling to make ends meet and keep a roof over their heads. And if the deceased loved one was a young breadwinner, the family is looking at decades of lost income and support.
Regardless of the age of the individual who has died, the loved ones must also arrange for a funeral and burial. If the decedent did not pass away soon after the incident, then there will also be medical and care expenses to deal with.
Emotional and Psychological Consequences
The finality of death makes wrongful death cases particularly painful on an emotional and psychological level. Victims’ loved ones lose out on companionship, guidance, education, consortium, and other nonpecuniary benefits.
Compensation for Your Losses
Loved ones of the victims of wrongful deaths have the right to pursue compensation for both categories of losses spoken of above. The economic damages are easy to calculate using bills and statements.
However, non-economic damages present more of a challenge due to their subjective nature. Whatever the total, non-economic damages for wrongful death are capped at $250,000. But there is no cap on economic damages. Punitive damages are not allowed in wrongful death actions.
How Our Wrongful Death Lawyers Can Help You
Justice for Your Loved One
Our Manhattan, KS, wrongful death attorneys can pursue a claim on your behalf while you mourn the loss of your loved one.
Much transpires after a death, requiring surviving loved ones to handle various issues, from estate business to funeral and burial affairs. With the Palmer Law Group handling your case, you get the time to grieve and address other important matters.
When you choose our Manhattan wrongful death lawyers to represent you, they will manage all of the tasks necessary for your claim, including:
- Drafting and managing all legal documents and paperwork
- Complying with all relevant claim deadlines
- Gathering and preserving vital evidence for your claim
- Communicating and negotiating with insurance companies.
Our wrongful death lawyers will also take your case to trial if necessary. With that being said, most of our cases end in a settlement due in part to the experience of our Manhattan, KS, wrongful death lawyers.
We know how important it is for our clients to get compensated in a timely fashion. Sometimes, however, a trial or the threat of a trial is what it takes to receive a proper compensation figure. To learn more, contact our wrongful death attorneys at (785) 233-1836.
How Wrongful Deaths Occur and Who Could Be Liable
Wrongful death can occur under any number of circumstances. However, certain instances are more common than others. In order to prove liability for wrongful death, a wrongful death attorney must demonstrate that the person responsible for the killing was negligent, reckless, or intended harm. Proving liability requires attorneys to gather evidence of responsibility.
Tens of thousands of people die each year in traffic accidents (car accident link). The speed and force of vehicles, most notably big rigs (truck accident link), make it difficult for individuals to survive under many circumstances. Particularly at a high risk of death are motorcyclists (motorcycle accident link). Pedestrians and bicyclists also face a significant risk of death when involved in a traffic accident.
Typically, wrongful deaths in traffic accidents are the fault of negligent or reckless drivers, and they may be held liable for the consequent losses. In some cases, the driver may be on the clock when the wrongful death occurs. In these instances, the driver’s employer may also be held liable.
Work and Job Sites
Although wrongful deaths often occur at dangerous work sites, such as on oil rigs and construction sites, many also take place at normal places of business. In these situations, it is not the dangerousness of the job that leads to wrongful death, but the negligence, recklessness, or intentional actions of the employer, another employee, or a third party.
When the employer is negligent and death results for an employee, the employer is exempt from a wrongful death lawsuit if they carry workers’ compensation insurance. However, there may be third parties who may share in the responsibility for the death. They may be sued for wrongful death.
Owners and tenants can be held liable when their unreasonably dangerous actions lead to wrongful death. Common situations where fatalities occur on others’ properties include:
- Slip, trips, and fall accidents
- Animal attacks
- Swimming pool deaths, such as drownings or head injuries from diving
- Falling or flying objects
- Lack of or negligent security that leads to a homicide
- Failing or missing fire alarms and CO2 detectors during a fire.
Owners and tenants are also liable for deaths caused by exposure to toxic substances. In most cases, business owners and homeowners are the ones who face responsibility for these types of wrongful death suits.
Unfortunately, medical malpractice takes lives. Healthcare professional negligence is not uncommon and can come from doctors, nurses, technicians, and other professionals involved in treating patients. Types of medical malpractice that have an elevated risk of death include:
- Wrong-site surgery
- Delayed diagnosis
- Prescription and administration of medication errors
- Incorrect treatment
- Birth injury
- Failure to provide medical care
- Use of defective or improper medical devices
- Untrained healthcare worker.
Other types of medical malpractice that can cause death include treating patients while exhausted, working over instituted work time limits, failing to supervise or give proper instruction, and neglecting to provide adequate care and sustenance, such as food and water.
Consumers purchase products in good faith that they will work as intended and not lead to harm. However, some products threaten the lives of their users even when they use these products as intended.
Some of them suffer from a design defect, such as the dangerous placement of a gasoline tank, while others contain a manufacturing defect, such as a weakened screw or faceplate. And other products are considered dangerous when they lack a proper warning or have been substantially modified.
Depending on the circumstances, various actors and businesses may be held liable for a defective product, such as:
- The product’s designer
- The product’s manufacturer, assembler, or installer
When it comes to product liability and defective products, special rules apply that directly affect the trajectory and potentially the outcomes of wrongful death claims. It is important to have an experienced attorney on your side to handle the complexities that arise when dealing with wrongful death and product liability.
Additionally, businesses facing liability for products they helped get to market typically put up vigorous defenses against claims to try to reduce their liability. With a seasoned wrongful death attorney representing your interests, companies are less likely to sidestep their responsibility and more likely to pay what they owe.
Frequently Asked Questions
Several questions and answers can provide helpful information about wrongful death claims in the state of Kansas. Feel free to contact us for further information.
How long do I have to file a wrongful death claim?
In Kansas, the statute of limitations for filing a wrongful death claim is two years. The clock usually starts ticking at the moment of death. There are some narrow exceptions to the statute of limitations. With that being said, the majority of wrongful death lawsuits must comply with the deadlines.
How much is the average wrongful death settlement?
There is no way to answer this without first reviewing the facts of your case. One claim may pay out thousands of dollars, while another may result in a settlement or verdict in the millions of dollars. It all depends on the circumstances.
How much does a Manhattan, KS, wrongful death attorney charge?
Nothing upfront. The fees and costs for your wrongful death attorney depend on how much compensation you receive and how long it takes to get it. The fee is calculated as a percentage of your overall settlement or verdict total, and the costs — such as court costs, travel expenses, and investigator expenses — accrue as your case goes on.
If a trial is necessary, the costs will increase.
Who can file a wrongful death suit in Kansas?
The legal heirs of a deceased individual may file a wrongful death suit. This typically includes the surviving spouse, children, grandparents, or the deceased’s siblings. If an heir arrives late to a wrongful death claim, they may join the claim without prejudice.
How long do wrongful death claims take to settle?
Because each wrongful death case is different, it is not possible to give a precise duration of your claim. Generally speaking, the more complex the claim, the longer it will take. Disputes on fault, the value of damages, and other pertinent issues can significantly extend the timeframe of a wrongful death suit.
Should I settle with an insurance company?
Not until you have consulted with a wrongful death lawyer who has experience representing clients in these matters. You have the right to know what damages you are entitled to, and an insurance company is the last entity you should trust. Call a wrongful death lawyer and set up a free consultation to get a good idea of what you should receive for your losses.
Contact the Manhattan, KS, wrongful death lawyers at the Palmer Law Group anytime for answers to your questions and concerns.
Trust Our Wrongful Death Attorneys to Represent You
You Deserve a Just Compensation Payout
If you have lost a loved one due to wrongful death, you do not deserve to pay for the damages you are suffering. The Palmer Law Group is in the business of recovering the resources that will make a difference in people’s lives.
Call our Manhattan, KS, wrongful death attorneys at (785) 233-1836 to set up a free consultation and case review and let us help you get justice.