Surviving family members often find themselves at a loss when someone dies unexpectedly. In some cases, accidental injury or illness is to blame. Other times, there is another party who is likely responsible. Car crashes, criminal activity, unsafe properties and dangerous products are examples of potential causes of premature mortality that could lead to liability for the party at fault.
When someone dies unexpectedly because of the bad behavior or negligence of a business or person, the situation may constitute a wrongful death. It is sometimes possible to take legal action after a wrongful death in pursuit of financial compensation. The party that caused someone’s death may have to cover the costs inspired by someone’s passing.
Economic losses
The most common damages sought in wrongful death lawsuits are economic losses. Someone’s death can have a verifiable financial impact. They may require expensive medical care before they die. Their family members have to cover funeral and burial expenses. The household must also adjust to the loss of that person’s income and workplace benefits. Even the value of the services that they provide around the home can have an economic impact on the family. A successful wrongful death lawsuit lately to compensation for all of the verifiable financial losses directly related to someone’s premature death.
Non-economic losses
The law in Kansas does permit families to pursue non-economic losses. Those include pain and suffering compensation and compensation for the loss of companionship and support provided by the deceased. While such losses can increase the value of a wrongful death lawsuit, there are limits to what people can recover. The current law caps non-economic damages. The maximum amount possible recently increased to $350,000 as of 2022.
Families already dealing with grief and changing household circumstances may find it difficult to negotiate with insurance companies or prepare for court proceedings. Punitive damages to punish the party at fault for the death may also be possible in certain circumstances involving fraud, malice or willful conduct. Securing professional legal support when pursuing a wrongful death lawsuit can help families follow the necessary steps to secure compensation. Those who understand what damages they can claim may recognize the value of filing a wrongful death lawsuit accordingly.