How to Prove a Wrongful Death Claim after a Motorcycle Accident

By Pyle Law, Reviewed by E. THomas Pyle June 06 2022 11:54 am
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How to Prove a Wrongful Death Claim after a Motorcycle Accident

By Pyle Law, Reviewed by E. THomas Pyle June 06 2022 11:54 am
How to Prove a Wrongful Death Claim after a Motorcycle Accident

Your loved one was supposed to live a long life. Unfortunately, someone’s actions or inactions shortened their life. You may have the right to sue on your loved one’s behalf. Contact a Kansas wrongful death attorney. Your McPherson Kansas wrongful death attorney will explain how the following personal injury elements could apply to your case.

The Kansas wrongful death statute, K.S.A. 60-1901, describes the causes of wrongful death after a motorcycle accident. A wrongful death accident is a type of accident caused by an omission or wrongful act. Thus, your loved one died because the party at fault, called the wrongful party, did something wrong or failed to do something. This type of negligence could be the cause of the accident that led to your loved one’s death in a motorcycle accident.

Motorcyclist laying on ground after accident

Elements of a Motorcycle Wrongful Death Claim

In Kansas, proving a motorcycle wrongful death claim involves four steps or elements. These elements are proven separately. However, together they show that the wrongful party was at fault for the motorcycle accident. They also show why the other party must pay your family damages.

1. Legal Duty

The first step in proving a wrongful death claim is proving a legal duty. The legal duty is the responsibility a person has to avoid harming a person or causing property damage. This legal duty is assumed in many instances, such as operating a motor vehicle. Your Kansas wrongful death lawyer uses evidence such as witness statements to establish legal duty.

2. Breach of Legal Duty

Your McPherson Kansas wrongful death attorney’s next step is to show that legal duty was breached. A breached legal duty refers to the wrongful party failing to protect an accident victim from harm. This means the wrongful party caused the accident. However, this element doesn’t make them liable for the accident.

3. Cause

This element involves your lawyer showing how the wrongful party caused your loved one’s motorcycle accident. According to Kansas law, a wrongful party can be the cause of an accident in two ways: direct or proximate cause.

Direct cause refers to the wrongful party causing the accident. For example, they slammed into your loved one’s motorcycle. Proximate, or indirect, cause means that the wrongful party didn’t directly cause the accident. Instead, their actions led to the motorcycle accident. For example, they hit a vehicle, and that vehicle hit your loved one’s motorcycle.

4. Damages

In this element, money is discussed. You must prove you suffered loss because of your loved one’s wrongful death. This loss can be funeral expenses, loss of future income, medical bills, and/or pain, and suffering.

Contact Pyle Law Regarding Your Wrongful Death Lawsuit

Don’t let the medical bills and funeral expenses from your loved one’s motorcycle accident bankrupt you. Contact Pyle Law, your McPherson Kansas wrongful death lawyer for assistance with your case.  Pyle Law offers a free initial consultation to discuss your case risk-free. We have helped numerous clients with wrongful death achieve outcomes in their favor. Contact us at (620) 241-9000, via email at pylelaw@pyle.legal, or contact us online. 

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.