When another party caused your loved one’s death because of negligence or intentional torts, the loss can feel more overwhelming. At Dickerson Oxton, we work with families to seek justice for the untimely death of a loved one. Contact our office today at (816) 268 1960 to schedule a free consultation with a Leawood wrongful death lawyer.
The law cannot undo the tragedy your family has experienced, but it can hold the person responsible for your loved one’s death financially liable for damages. Our Leawood wrongful death lawyers have a success rate of 98 percent. We have recovered millions of dollars in jury verdicts and settlements for our clients. We have multiple attorneys working on your case. Our legal team is focused on obtaining the best possible outcome for your case.
How Dickerson Oxton Can Help You With a Wrongful Death Action in Leawood
A wrongful death lawsuit seeks compensation for the damages caused by your family member’s death. Money is never enough to compensate a family for losing a loved one. However, monetary damages are the only civil remedy the court can offer.
Our Leawood wrongful death lawyers have decades of combined experience in personal injury law. They have been recognized by numerous organizations for their legal expertise, including The National Trial Lawyers, Super Lawyers, and The Kansas City Business Journal. Our personal injury law firm has significant resources to pursue a claim to recover maximum compensation for your family.
When you hire our top-rated wrongful death lawyers in Leawood, you can trust we will handle all aspects of your case, including:
- Explain Kansas wrongful death laws and how they apply to your case
- Investigate the circumstances surrounding your loved one’s death to gather evidence proving your case
- Working with leading experts when needed to obtain additional evidence to support your claim
- Document your damages and calculate the maximum value of your claim
- Handle all communication with insurance companies and other parties
- Prepare all documents and handle the administrative requirements for pursuing a wrongful death claim
- Negotiate for a fair settlement when possible or take your case to court and argue the facts before a jury when necessary
At Dickerson Oxton, we take up the legal battle for you so that you can focus on your family. We’ll fight to hold the parties responsible for your loved one’s death accountable for their actions.
Call our law firm today to schedule a free case evaluation with an experienced Leawood personal injury attorney.
What Is a Wrongful Death Claim in Leawood, KS?
A wrongful death claim is a civil lawsuit filed by the surviving family members of a person whose death was caused by the wrongful act or omission of another party. Under Kansas law (K.S.A. § 60-1901), this type of claim allows heirs to recover damages for their own losses, including emotional pain and financial hardship, as a result of losing their loved one. These cases can arise from various situations, such as car accidents, medical negligence, or dangerous products, and seek compensation and accountability from the responsible individual or entity.
If another party was responsible for causing your family member’s death, you could have a wrongful death claim. Call us to discuss your case with a Leawood wrongful death lawyer.
Who Can File a Wrongful Death Claim in Leawood, KS?
State law dictates who can file a wrongful death lawsuit. According to the law, the people who can file a claim include:
- The surviving spouse and children
- If there are no children or spouses, the parents
- When there are no children, spouses, or parents, siblings are next in line
- The personal representative of the estate can file a lawsuit if there are no surviving family members listed above
The court may appoint a plaintiff ad litem if there is no personal representative to file a claim. However, someone who would be entitled to an interest in the proceeds of the lawsuit must request the appointment.
What Damages Can I Receive for a Wrongful Death Claim in Leawood, KS?
In Kansas, wrongful death damages are capped at $250,000 for non-economic losses (like pain and suffering, loss of companionship) and are unlimited for economic losses (lost wages, medical bills, funeral costs). You can also seek punitive damages if the defendant’s conduct was particularly reckless or egregious, such as drunk driving or a dangerous product.
Economic Damages
- These are tangible financial losses with a clear dollar amount and include:
- Medical Expenses: Costs for treatment, hospitalization, and medication before death.
- Funeral and Burial Costs: Expenses for cremation or burial, caskets, and other related services.
- Lost Wages and Financial Support: Future earnings, retirement benefits, health insurance, and potential inheritance the deceased would have provided.
Non-Economic Damages
These are intangible losses for which there is a $250,000 cap in Kansas:
- Loss of Companionship: The absence of the decedent’s presence and emotional connection.
- Mental Anguish and Emotional Distress: The grief and psychological impact on the surviving family members.
- Pain and Suffering: The conscious pain and suffering the deceased experienced before their death.
Punitive Damages
These are meant to punish the at-fault party for extreme or intentional wrongdoing and are not intended to compensate the family.
In some cases, you can potentially recover punitive damages if the case involves aggravating circumstances. You would need to prove that the party knew their behavior was dangerous and had a high risk of causing injury or death to another person.
Proving Liability for a Wrongful Death Case in Leawood, KS?
The family has the burden of proving that the other party is liable for damages in a wrongful death case. You must have evidence proving that:
- The party had a duty of care
- The party’s conduct breached the duty of care
- The party’s negligent or intentional acts were the direct and proximate cause of your loved one’s death
- Your loved one could have sought damages had they survived
- Your family sustained losses and damages because of the death
Our legal team at Dickerson Oxton handles the investigation of your claim. We gather evidence proving that the other party is responsible for your loved one’s death. Evidence that may be used in a wrongful death case includes:
- Medical records
- Police and accident reports
- Witness statements
- Videos and photos of the accident scene
- Expert witness testimony and opinions
- Physical evidence from the accident scene
Other evidence that is specific to the case may be used. For example, if your loved one died because of dangerous property conditions, we may pull records for complaints against the property owner and require maintenance and repair records.
What Is the Difference Between a Criminal Case and a Wrongful Death Case?
In some situations, the party who caused your loved one’s death may be charged with a crime. For example, if your loved one died because of a shooting, the person may be charged with murder and other criminal offenses.
The criminal case is separate from a wrongful death case. A wrongful death case is a civil matter.
The person may or may not be convicted of the crime. However, that does not impact your ability to file a civil claim. A conviction in criminal court could help your case, but it is unnecessary.
What Is the Deadline for Filing Wrongful Death Claims in Leawood, KS?
In Kansas, including Leawood, you generally have two years from the date of the deceased person’s death to file a wrongful death claim. However, this two-year deadline, known as the statute of limitations, can be extended under specific circumstances, such as if the cause of death was not immediately known (the discovery rule) or if the beneficiaries are minors. It is crucial to consult with a Kansas wrongful death attorney to understand your specific situation and ensure your claim is filed within the correct timeframe.
How Much Does It Cost To Hire a Leawood Wrongful Death Lawyer?
It is common for families to worry about the cost of hiring an attorney to help them with a wrongful death case. Losing a loved one can create a financial strain for the family. We don’t want you to worry about attorney’s fees.
Our lawyers at Dickerson Oxton work for a contingency fee. We agree to accept a percentage of the amount we recover for your wrongful death case as payment for our attorney’s fees. Therefore, you do not pay any legal fees upfront to hire our law firm.
Schedule a Free Consultation With Our Leawood Wrongful Death Lawyers
We are here when you need answers or legal advice after the death of a family member. Call Dickerson Oxton to request a free case review with an experienced Leawood wrongful death attorney. We’re here to do everything in our power to help you and your family through this difficult time. Call us today at (816) 268-1960 to get started.
What our Leawood City Clients have to say
“I recently completed a case with Chelsea. My experience was great. I never once felt uninformed or like I couldn’t ask questions. I always felt things were in great hands. They make it so easy to move forward through hard experiences. I would recommend the firm to any of my friends or family.“