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How a Wrongful Death Lawsuit Works in KansasBy Pyle Law, July 17 2019 4:17 pm
A wrongful death lawsuit is a type of civil action in which compensation is sought for the death of a family member. Wrongful death lawsuits in Kansas are brought in cases involving an individual’s death as the result of the negligence of a third party. In addition, wrongful death cases can also be pursued when a person’s death is the result of an intentional act, including some type of criminal conduct. As a resident of the State of Kansas, or as a person who is considering pursuing a lawsuit of this nature, you may wonder how a wrongful death lawsuit in the Sunflower State works.
Who can Pursue a Wrongful Death Lawsuit in Kansas?
Only certain family members can pursue a wrongful death lawsuit in Kansas. These family members are:
• surviving spouse
• surviving child or children
• surviving parents
• surviving grandparents
• surviving siblings
A Kansas wrongful death lawyer will explain that these family members can pursue a wrongful death action jointly or individually. In other words, they can pursue a lawsuit together or separately.
What is the Timeframe for Filing a Wrongful Death Case in Kansas?
As is the case in all states, Kansas has what is known as a statute of limitations. The statute of limitations is a law that sets a specific deadline by which a wrongful death lawsuit must be filed in court. In Kansas, a wrongful death lawsuit must be filed within in two years of a family member’s death.
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 his or herself with a timeliness issue, he or she should consult an experienced Kansas wrongful death attorney, like a member of the legal team at the Pyle Law.
How Does a Wrongful Death Lawsuit Start?
In Kansas, a wrongful death lawsuit starts with the filing of what is known as a petition in the district court with authority over the county in which the death occurred. The petition sets forth the basic facts underlying the wrongful death claim. It includes a “prayer” for relief, which is a request for compensation. Because it is a complicated legal document, a petition is best prepared by an experienced Kansas personal injury attorney.
Retain an Experienced McPherson Kansas Wrongful Death Attorney
The first step in retaining a Kansas wrongful death lawyer is to schedule an initial consultation with Pyle Law. During an initial consultation, a prospective client is provided a case evaluation. Also, a person seeking legal assistance will be able to obtain answers to any questions he or she may have about a claim. There is no charge for an initial consultation with Pyle Law, Kansas wrongful death attorneys.