Kansas Medical Malpractice Attorneys Specializing in Wrongful Death Cases
Many people are under the belief that only the person injured can file a lawsuit. This is obviously not possible when the injured person has died from the wrongful acts of others. In Kansas, there are two claims that can be brought against a liable party when their actions lead to injury and death. These are referred to as a Survival Claim and a Wrongful Death claim.
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Survival Claims are brought forth by an appointed representative to file a claim on behalf of the departed victim. This representative is appointed by the court and is then given the power to bring this limited claim. The goal of the claim is to win fair compensation and justice for the pain, suffering and mental anguish the victim endured from the time of the accident to the time of death. Unfortunately, this is not only a difficult claim to prove to a jury (because there is no way to truly measure and calculate the loss). There is also a monetary limit on the amount a jury can award.
Wrongful Death claims are brought forth by any of the heirs-at-law of the victim. Heirs-at-law include surviving spouses and children of the victim. If there is no surviving spouse or child, then other direct relatives may be able to bring the action, such as parents or siblings of the deceased. A Wrongful Death claim includes monetary recovery for:
- Loss of financial support that the victim would have provided to his/her family during lifetime
- Value of the things the deceased would have done around the house to help during lifetime
- Loss of love, companionship, comfort, affection, society, solace, moral support and consortium
- Sorrow, bereavement, anguish, worry, loss of enjoyment of life, depression and other emotional losses
It’s difficult to accurately measure the loss of these intangibles, which is why you need an experienced attorney with your best interests at heart. Some of these losses may also have a limit as to how much a jury will award. At Prochaska, Howell & Prochaska LLC, we have handled hundreds of wrongful death and survival claims in Wichita and Kansas City, MO. We have the expertise, the resources, and the trial experience necessary to prove the full extent of your loss. We invite you to call the experienced Kansas medical malpractice attorneys at Prochaska, Howell & Prochaska LLC at 800-266-0036 for your free consultation!
Read Our Latest Wrongful Death Blog:
The loss of a loved one can have a devastating effect on the lives of those left behind. If the death of the decedent was caused by the negligence or action of another party, then his or her surviving family members can file a wrongful death suit…Read More