Topeka Wrongful Death Lawyer

When a loved one dies due to a tragic accident caused by someone else’s negligence or fault, surviving family members suffer tremendous shock and emotional pain. In addition, they may be left with no income and no long-term support at a time they may face medical bills and funerary costs resulting from the death. Their grief and pain may be compounded by anger at the party whose negligence caused the death.

If you have lost a family member due to another party’s negligence or fault in Kansas, you may be entitled to compensation through a wrongful death lawsuit. While money can never replace the person you lost, a settlement award for wrongful death can ease your financial burdens and help your family function and move on with their lives.

Kansas wrongful death laws are complicated, and making mistakes can be costly, but help is available from the compassionate wrongful death lawyers at Palmer Law Group. Our Topeka-based attorneys are dedicated to assisting those who have suffered harm due to the negligent, reckless, or intentional misconduct of others, including wrongful death plaintiffs. We have extensive experience representing clients in wrongful death litigation, and we understand how to effectively navigate such disputes and maximize the potential damage awards.

How Our Wrongful Death Lawyer in Topeka Helps

Why Choose Us?

Kansas laws regarding wrongful death can be extraordinarily complex and detailed, so it is important for you to find an attorney you feel comfortable with and have the experience and the resources to properly investigate and handle your case.  Here are some reasons why we feel the Palmer Law Group is your best choice:

• We are experienced. Our team has been practicing and serving clients in Topeka and NE Kansas since 1980.We get results and have a long record of success, and have recovered more than $80 million in damages since 2000. You can read about our accomplishments here.

• We work closely with and take a personal interest in our clients. Read our client testimonials to see how happy they are with our firm.
• We have won awards and are recognized in the community, including being chosen as trial lawyers of the year.
• We are available and you can call us 24/7 for emergencies
• We negotiate forcefully with insurance companies but are fully prepared to take your case to court if necessary.
• We offer free consultations to discuss your individual situation and show you how we can help.

How Our Wrongful Death Attorneys Work for You

When you retain our Palmer Law legal team, we will start working on your behalf immediately. We will:

• Meet with you to evaluate the facts of how the death occurred to see if a wrongful death case is warranted and determine who the at-fault parties may be and who the surviving family members may be eligible for compensation. Based on the facts, we will determine what settlement to go after.
• Investigate the case and gather evidence to help prove another party’s negligence, such as photographs and videos from surveillance cameras, interviews with witnesses and first responders, and police and medical reports and records.
• Hire experts to reconstruct the accident and determine fault, and experts to testify as to your family members’ damages and losses and how the loss of your loved one will affect you into the future.
• Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement.
• Build your case and take it to court if necessary.

Wrongful Death Lawyers Explain Wrongful Death Claims

Wrongful death claims are a type of personal injury claim that can result from the serious injuries of any accident leading to death. In cases where these tragic incidents occur in Manhattan, KS, consulting a Manhattan, KS pedestrian accident attorney can be crucial for legal guidance and representation. Wrongful death claims happen when someone’s negligence, recklessness, or intentional conduct causes or contributes to an individual’s death. Common causes of wrongful death actions, where the expertise of a Lawrence personal injury lawyerhttps://www.jpalmerlaw.com/lawrence-kansas-personal-injury-lawyer/ is invaluable, include:

• Motor vehicle accidents
• Defective products
• Medical malpractice
• Nursing home abuse
• Premise liability
• Intentional acts of violence
• Sports and recreational activities.

Article 19 of Chapter 60 of the Kansas Statutes governs wrongful death actions. The statute states that wrongful death is the death of a person caused by the wrongful act or omission by another party and that legal action may be brought for the damages that result.

A wrongful death claim is filed by a representative on behalf of the survivors who suffer damages from the victim’s death. In Kansas, wrongful death claims generally give rise to two types of claims: a survival claim and a wrongful death claim.

• Survival: The survival claim is essentially the personal injury claim of the person who passed away and includes damages for that person’s conscious pain and suffering, medical bills, and other expenses. In cases involving complex issues, such as those managed by a Manhattan, KS brain injury attorney, the representative in a survival action can also seek punitive damages. These are awarded in cases of serious malicious intent, or reckless regard for the safety of others, and are intended to punish the wrongdoer and serve as an example to deter others from similar misconduct in the future. The settlement for the survival claim generally belongs to the deceased person’s estate.
• Wrongful Death: The wrongful death claim belongs to the “heirs at law” of the deceased person, which are generally the surviving family members of the deceased individual. The eligible family member (or other dependents) asks for a damage award based on the losses they suffer as a direct result of their loved one’s death.

Damages You May Receive for Wrongful Death

In a successful wrongful death case, the damages you may be awarded vary depending on the circumstances (i.e., the relationship of the deceased to the wrongful death plaintiff), and may include:

• Loss of financial support
• Loss of society, comfort, protection
• Loss of marital care
• Loss of parental care, guidance, education
• Loss of filial affection
• Out-of-pocket medical and funeral expenses
• Mental anguish
• Loss of household services
• And more.

How does this all fit together? Consider the following:  suppose that your father is killed in an accident due to the negligence of an intoxicated truck driver on the road. In such a difficult time, consulting with a Topeka truck accident attorney can be a crucial step. You bring a lawsuit against the truck driver for the wrongful death of your father. Included in that lawsuit is the survival claim for your father’s conscious pain and suffering, medical bills, and other associated expenses.

Now, your father provided significant financial support and was an important emotional figure in your life. You could ostensibly recover damages for that lost financial support, and the loss of guidance and companionship.

Wrongful Death Eligibility in Kansas

Not every surviving family member or dependent is necessarily entitled to recover wrongful death damages. In Kansas, the legal heirs of the deceased may have a right of action. Some examples of potential heirs include the following:

• Spouse of the deceased
• Children of the deceased
• Parents of the deceased
• Siblings of the deceased
• Grandparents of the deceased.

In situations where multiple heirs exist and a judgment or settlement is obtained, Kansas law requires an apportionment hearing to determine the nature and extent of each person’s loss. The Court will then apportion the damages according to its findings.

For explanation, assume that the unmarried father of three children is killed in an automobile accident. The three children are ages 22, 26, and 11. The Court would generally look to the damages incurred by each child in apportioning the settlement. In this example, it is highly likely that the Court would apportion more of the settlement to the 11-year-old as that child presumably still relied on the father for support.

Topeka Wrongful Death Lawyers Answer Common Questions

After a tragic wrongful death, it is natural to have questions and concerns. While these are best addressed at your free consultation, to get you started, here are some answers to questions our attorneys are frequently asked:

Are there deadlines for filing a wrongful death case?

Yes, Kansas has a statute of limitations, which is a deadline for filing a wrongful death lawsuit that is generally two years from the date of the death. However, there are exceptions to the rule, and your wrongful death attorney will act accordingly to make sure your case is filed in a timely manner.

Is there a limit for wrongful death compensation? 

Yes. Kansas wrongful death laws (60-1903) cap the compensation for non-economic losses, which are the pain and suffering caused by the loss of a family member at $250,000. However, there is no cap on financial losses in a wrongful death lawsuit.

Is wrongful death a criminal case? 

Under some circumstances, the defendant in a wrongful death case may face criminal charges such as manslaughter or murder. However, whether or not a criminal case is filed, wrongful death is a civil case filed in civil court for damages or compensation to the deceased person’s surviving heirs.

Should I talk to insurance companies?

No, the less you say to insurance companies the better, as they will try to use this information against you or get you to accept a lowball offer for less than your case is worth. Tell insurance companies to speak to your attorney and let Palmer Law handle all negotiations with insurance companies and attorneys.

 Do I need an attorney to file a wrongful death case?

It is not necessary to have an attorney, but with Kansas laws so complicated, winning a case on your own is most difficult. The opposition’s attorneys will try to prove that the death was not wrongful, or even that the deceased caused the accident, so it makes sense to have an attorney to fight for justice and a fair settlement.

How much does it cost to hire a Topeka wrongful death attorney?

At Palmer Law, our attorneys work on a contingency basis so you pay nothing upfront. Your initial consultation is free and there are no costs to you unless and until we win your case. At that time, any legal fees are taken out of the settlement you receive.

Call Our Wrongful Death Lawyers for Help

At Palmer Law Group, we understand just how emotionally difficult and confusing it can be in the wake of a family member’s untimely death. Our legal team is committed to helping others evaluate their wrongful death claims and push forward with litigation when appropriate. With a legitimate and valid wrongful death claim, the surviving family members can secure the compensation necessary for covering their expenses and approximating their pre-accident lifestyle.

Our legal team is ready to work on your behalf to hold the wrongdoer accountable for the death and to fight for compensation that will make life easier for you and your family.  Over the years, we have helped thousands of people navigate their personal injury and wrongful death cases in the state of Kansas and have secured substantial results for our clients, and we can do the same for you.

We don’t get paid until we win your case, so call us today at (785) 233-1836 to get started.

Client Testimonial

”My husband and I couldn’t be happier with the service we received from the Palmer Law Group. We will be forever grateful and thankful for them helping us through our legal matter. . We would highly recommend them to anyone needing legal advice.” – Shelley Johnson (Google Review)

Attorney LJ Leatherman

LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]