Topeka Fatal Car Accident Lawyers
Pursue Justice & Receive the Compensation Your Family Deserves
When your loved one is killed as a result of a car accident, your world becomes an emptier place with the loss of them. While there is a low chance of criminal charges, the civil courts can help you seek justice for the unfairness of that accident, and the enormous emotional, financial, and physical losses you’ve sustained in its aftermath. By pursuing a wrongful death lawsuit and holding other drivers accountable for their negligence, you may be able to find peace of mind for your family’s future. Don’t hesitate to get in touch with our Topeka car accident lawyers today if you have a fatal car accident case in Kansas.
We believe our clients have every right to fight for justice when a fatal car accident occurs. Schedule a free consultation online with our legal team at DiPasquale Moore for information.
My Family Member Was Killed in a Car Accident. Do I Have a Case?
Some accidents are truly just that; unpreventable tragedies caused by an array of external factors. However, plenty of car accidents could have been prevented had the other driver simply adhered to the rules of the road or exercised due caution while driving. In these instances, it may be advisable to sue the other driver for the wrongful death of your loved one.
In Kansas, pursuing legal action is acceptable “if the former might have maintained the action had such person lived” (KS Stat. 60-1901). That means that the other driver owed your loved one a “standard of care” that, through negligence, they failed to observe. Additionally, you must be considered an heir of the deceased. While it could technically be any person with a close relationship to the victim, it’s usually surviving spouses, siblings, children, parents or grandparents who file a claim.
Because Kansas abides by the rule of “modified comparative negligence,” a plaintiff can recover damages as long as the driver was only under 49% at-fault for the accident. Even if your loved one was partially responsible for their fatal accident, the person who is primarily at-fault can be held accountable. To verify this, review police incident reports and medical records carefully for any details. A skilled lawyer can help you determine if the other party was clearly negligent and eligible for damages.
Recover Damages Appropriate to Your Loss
There is no cap to the damages you can receive for economic losses, which are typically defined as costs incurred by the accident. From funeral expenses to future wages, you can request the other driver pay any requisite amount to cover your losses. However, more intangible losses like pain and suffering or loss of parental care do have a limit, at $250,000.
When considering a fatal car accident case, the most important thing is to consult with a wrongful death attorney as soon as possible. There is only a 2-year statute of limitations on wrongful death claims in Kansas, and it can be nearly impossible to receive appropriate compensation if that date passes. At Dipasquale Moore, we strive to provide you with the maximum financial recovery for your circumstances, and to help you begin to heal after your tragedy.
Get a free consultation with our Topeka fatal car accident lawyers today. We are tireless in our efforts to help our clients, and you won’t pay until we win.