Overland Park Wrongful Death Attorney

Compassionate Legal Help for Grieving Families

Losing a loved one is always difficult, but it can be especially traumatic when someone else’s negligence or wrongdoing causes the death. In addition to the emotional pain and suffering, families may be left with significant financial burdens, including medical bills, funeral expenses, and the loss of the deceased’s income and benefits. If your loved one’s death was the result of someone else’s negligence, you have the right to seek justice and compensation for your losses.

It is essential to act quickly when considering a wrongful death claim, as there are statutes of limitations that restrict the time you have to file a lawsuit. At Shamberg, Johnson & Bergman, we thoughtfully guide you through this process, providing legal frameworks and support tailored to your unique situation. Our team is dedicated to alleviating some of the burdens you face by addressing legal complexities and ensuring you are informed every step of the way.

At Shamberg, Johnson & Bergman, our Overland Park wrongful death lawyers know that no amount of money can ever replace the person you have lost. However, by filing a wrongful death claim, you can hold the at-fault party accountable and obtain the financial resources you need to begin healing. Our legal team has served clients throughout Kansas and Missouri for more than 75+ years. We have a proven track record of success, including numerous million- and multi-million dollar settlements and verdicts. We are prepared to fight for you.

Have you lost a loved one due to someone else's negligence? Call Shamberg, Johnson & Bergman today at (816) 542-5999 or contact us online to schedule a FREE consultation with one of our wrongful death lawyers in Overland Park!

What is Wrongful Death?

Wrongful death is a legal term used to describe a death caused by someone else’s negligence, carelessness, or wrongful act. This can include many incidents, from auto accidents to dangerous products, medical malpractice, and more.

Understanding the nuances of wrongful death involves acknowledging the various circumstances under which these tragic events can occur. For instance, medical malpractice may not only refer to errors during surgery but also misdiagnosis or failure to diagnose a condition in time, leading to death. Similarly, defective products can include anything from household items to vehicle components that, due to faulty design or manufacturing, cause fatal injuries. Our role is to navigate these complexities, ensuring every detail is meticulously examined to establish liability.

Common Causes of Wrongful Death

Some of the most common causes of wrongful death include:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Recreational vehicle accidents
• Boating accidents
• Workplace accidents
• Construction accidents
• Defective products
• Medical malpractice
• Birth injuries
• Slip and fall accidents
• Nursing home abuse and neglect

Kansas Wrongful Death Laws

Every state has its own laws governing wrongful death claims. In Kansas, wrongful death actions are outlined under Kansas Statutes Annotated § 60-1901 and related sections.

Here are key elements of Kansas wrongful death law:

Legal Definition

A wrongful death claim can be filed when “the death of a person is caused by the wrongful act or omission of another.” Essentially, if the deceased could have filed a personal injury lawsuit had they survived, their family can pursue a wrongful death action.

Statute of Limitations

In Kansas, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. Missing this deadline generally means losing the right to pursue compensation, so it’s crucial to act promptly.

Comparative Negligence

Kansas follows a modified comparative fault rule, meaning if the deceased was partially at fault for the accident, the compensation may be reduced proportionally. If the deceased was 50% or more at fault, the family may not be able to recover damages.

Our Overland Park wrongful death attorneys can help you understand how Kansas law applies to your case and guide you through each step of the legal process.

Who Can File a Wrongful Death Lawsuit?

Kansas law allows any heir-at-law of the deceased to file a wrongful death claim. This can include:

• A surviving spouse
• Children (including adopted children)
• Parents of the deceased
• Other dependents or relatives who can demonstrate a legal right to recover

If multiple family members qualify as heirs, one wrongful death lawsuit is typically filed on behalf of all eligible parties, and any recovery is divided among them according to the court’s determination.

Our firm assists families in determining who has the legal standing to file and ensures that all eligible heirs are properly represented in the claim.

Available Compensation in Wrongful Death Cases

When a wrongful death claim is successful, the surviving family members or the deceased’s estate may be compensated for their losses. This is intended to help the family recover both economic and non-economic damages.

Some of the most common types of damages awarded in a wrongful death case include:

• Medical bills and expenses
• Funeral and burial costs
• Lost wages and benefits
• Lost future earnings
• Lost inheritance
• Loss of consortium
• Pain and suffering
• Loss of care, guidance, and counsel

In Kansas, there is no cap on wrongful death damages. This means that juries are free to award as much compensation as they believe is appropriate. In Missouri, there is a $250,000 cap on non-economic damages, such as pain and suffering, in wrongful death cases. This cap is subject to adjustment for inflation.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in Kansas?

You have two years from the date of death to file a wrongful death lawsuit in Kansas. Acting quickly is important to preserve evidence and protect your rights.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the family for their losses (like loss of support and companionship), while a survival action compensates the deceased’s estate for damages they suffered before death, such as pain and suffering.

Can I still sue if criminal charges are filed?

Yes. A wrongful death lawsuit is a civil action separate from any criminal case. Even if the at-fault party faces criminal charges, you can still pursue civil compensation.

How much is my wrongful death case worth?

Every case is unique. The value depends on factors such as the deceased’s age, income, and dependents, as well as the circumstances of the incident. Our attorneys can provide a detailed evaluation during a free consultation.

Contact Our Overland Park Wrongful Death Lawyer Today

At Shamberg, Johnson & Bergman, we understand that no amount of money can ever compensate you for the loss of your loved one. However, by filing a wrongful death claim, you can obtain the justice you deserve and the financial resources you need to begin healing.

Our Overland Park wrongful death attorneys are here to provide the compassionate legal guidance you need during this difficult time and the aggressive advocacy you need in the courtroom. We are available to answer your questions and address your concerns and will fight tirelessly for you from start to finish.

Contact Shamberg, Johnson & Bergman today to meet with our wrongful death attorneys in Overland Park!