Wrongful death

Wrongful Death Attorneys in Olathe, KS

Representing family members of wrongful death victims in Kansas

There may come a point in time where the unimaginable happens and you lose a loved one. While some deaths are expected, when tragedy strikes due to the negligence of another, the loss often hits harder. At Kansas City Accident Injury Attorneys, we understand how difficult the grieving process can be and our thoughts are with you during this difficult time. We also understand how quickly we must move to hold negligent parties responsible for the death of your loved one.

It is imperative that you contact an Olathe wrongful death attorney immediately after the death of your loved one. We will work to hold doctors, drivers, hospital staff, property owners, and anyone else involved in a wrongful death lawsuit. We work with experts to show how negligent actions contributed to the death. While we cannot bring your loved one back, we can fight aggressively to get you justice.

What is a wrongful death lawsuit?

While your loved one can no longer speak for themselves, surviving family members can. Our Olathe wrongful death attorneys will use every tool at our disposal to seek damages from another entity or person. You are legally eligible to obtain compensation through a wrongful death claim. While there is no price tag on a person’s life, the family will not have to endure the financial burdens that may come from this unimaginable loss. The law clearly states the following:

(a) If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had such person lived, in accordance with the provisions of this article, against the wrongdoer, or such wrongdoer's personal representative if such wrongdoer is deceased.

What are the causes of fatal accidents in Olathe?

The reality however is that a fatal accident can happen anywhere and at any time. All it takes is for one negligent party to act recklessly to cause a death. Common causes of fatal accidents in and near Olathe include:

  • Truck accidents
  • Car accidents
  • Motorcycle accidents
  • Medical malpractice
  • Nursing home negligence
  • Unsafe premises
  • Defective products
  • Acts of violence

In some cases, death can occur at work. Death benefit may be obtained through a workers' compensation claim if a workplace accident turns fatal.

What must be proven in a wrongful death lawsuit?

As with most personal injury cases, there are specific elements that must be proven for a successful claim. The four elements in a wrongful death claim are:

  • Duty of care: The key element in any personal injury case is proving that the negligent party owed the victim a duty of care. In simple terms, this means that the defendant owed the victim a specific standard of care that was safe and free of injury.
  • Breach of duty of care: The next element is that the duty of care that was owed was breached. This is often due to negligent or reckless action.
  • Causation: Once the breach has been proven, it must then be shown that this breach caused the death of the victim. The negligent party can be wholly or partially responsible for the death.
  • Damages: Lastly, due to the causation the victim suffered damages. These damages include hospital bills, medical expenses, loss of income, loss of inheritance, and others.

All four of these elements must be proven for a successful wrongful death claim.

Are there differences between a homicide charge and a wrongful death claim?

If your loved one died and the cause of death was determined to be a homicide, this can change how the case is handled. The key difference is that a wrongful death claim is handled in a civil court while a homicide case is handled in criminal court. This means that the state will file charges against the person who is believed to have committed the homicide. They must show beyond a reasonable doubt that this person did in fact commit homicide. If they do, then the person will face jail time, loss of rights, and fines.

On the other hand, a wrongful death claim can be filed without a criminal charge being filed. The claim can be filed against the negligent party by the survivors or by the estate of the victim. These cases require a preponderance of evidence meaning intent does not have to be proven. Instead, negligence must be shown to have caused the death.

What is my Olathe wrongful death lawsuit worth?

Survivors may be entitled to damages from a wrongful death claim. There are two main categories of damages:

  • Economic damages: These types of damages are tangible like medical bills and out-of-pocket expenses. They will be able to have a dollar amount attached to them with physical proof.
  • Non-economic damages: These damages are more complex as they are not tangible. This includes things such as loss of companionship and emotional distress. They will be harder to calculate as there is no paper trail and it is difficult to ascertain how a loss affects survivors.

There are also punitive damages that could arise if the negligent party acted in an egregious manner leading to death. You will need to discuss the damages you and your family are entitled to with your Olathe wrongful death attorneys.

Kansas City Accident Injury Attorneys have handled wrongful death claims for years and we have seen that in most cases, the death could have been avoided. There is no way to bring a loved one back and it can be especially hard to process if the death was avoidable. While it can be difficult to imagine putting a number on your loved one’s life, it is often the only way to hold negligent parties responsible. Often, we see insurance companies show compassion towards survivors. This builds a sense of trust and survivors believe they are being taken care of by insurance companies. However, this is not the case as they will try to give you the least amount of money possible.

Do you have a wrongful death lawyer near me?

Our Olathe office is located at 110 South Cherry Street, Suite 102. Call for an appointment. We also have other offices throughout Kansas and Missouri.

Contact an Olathe wrongful death attorney today

Losing a loved one is incredibly hard’ choosing the right Olathe wrongful death attorney to protect your future can make a huge difference. We work with medical professionals, witnesses, police officers, and investigators to build a solid case against negligent parties. Insurance companies will often work with us due to our reputation of defending wrongful death victims. Contact Kansas City Accident Injury Attorneys if your loved one has died because of a person's negligent actions. Call our office at 816-471-5111, or fill out our contact form to schedule a free initial consultation today.