Time Frame for Filing a Wrongful Death Case in Kansas

By Pyle Law, Reviewed by E. THomas Pyle July 17 2019 4:16 pm
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Time Frame for Filing a Wrongful Death Case in Kansas

By Pyle Law, Reviewed by E. THomas Pyle July 17 2019 4:16 pm
Time Frame for Filing a Wrongful Death Case in Kansas

Losing a loved one is an incredibly difficult and emotional experience. When a death occurs due to someone else’s negligence or intentional actions, it can be even more devastating. In such cases, family members may have the option to pursue a wrongful death lawsuit to seek justice and compensation for their loss. As is the case in all states, Kansas has what is known as a statute of limitations. However, it’s crucial to understand the statute of limitations that applies to wrongful death cases in Kansas.

 

What is a Statute of Limitations?

A statute of limitations is a legal provision that sets a specific time limit within which a lawsuit must be filed. Its purpose is to ensure that legal claims are brought forward in a timely manner while evidence is still fresh and reliable. Once the statute of limitations expires, the opportunity to file a lawsuit is generally lost.

 

Wrongful Death Lawsuits and the Kansas Statute of Limitations

In Kansas, the statute of limitations for wrongful death lawsuits is outlined in K.S.A. 60-513(a)(5). According to this law, a wrongful death lawsuit must be filed within two years from the date of the family member’s death. This means that if the claim is not initiated within this time frame, it is highly likely that the court will dismiss the case, barring the individual from pursuing legal action.

 

The Importance of Timeliness

Filing a wrongful death lawsuit promptly is essential for several reasons. First and foremost, it allows the grieving family members to seek justice and hold the responsible parties accountable for their actions. Additionally, gathering evidence, interviewing witnesses, and building a strong case all require time. By initiating legal proceedings in a timely manner, the chances of obtaining a favorable outcome are significantly enhanced.

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Seeking Legal Guidance

If a person finds themselves facing a timeliness issue or the two-year deadline is approaching, it is crucial to consult an experienced Kansas personal injury attorney. Professionals who specialize in wrongful death cases, such as the dedicated legal team at Pyle Law, can provide invaluable guidance and support during this challenging time. These attorneys possess the necessary expertise to navigate the legal complexities, ensuring that the case is filed within the appropriate timeframe.

 

Conclusion

When a family member’s death occurs due to the negligence or intentional actions of others, it is vital to understand the legal options available. In Kansas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Failure to initiate legal proceedings within this timeframe can result in the case being dismissed. To avoid such consequences and to ensure justice is pursued, it is advisable to consult with an experienced Kansas personal injury attorney who can provide the necessary guidance and representation throughout the legal process. Remember, seeking timely legal assistance can make a significant difference in obtaining the justice and compensation deserved for the loss of a loved one.

If a wrongful death lawsuit is not filed within this time period, a person nearly always will be precluded from pursuing this type of case to obtain justice for the accidental or intentional death of a family member. If a person finds with a timeliness issue, he or she should consult an experienced Kansas wrongful death attorney, like a member of the legal team at Pyle Law.

 

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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.