Topeka Wrongful Death Attorneys
Our Team Can Provide the Support Your Family Needs
When a loved one dies unexpectedly because of someone else’s negligence, you may not know where to turn. On top of the anguish and loss, you may feel frustration or confusion. Then, there are the other challenges of suddenly losing a family member: The support they provided, whether financial, home-based, or emotional, is no longer available to you.
Your loved one deserves justice, and you deserve answers, if you find yourself in this situation. Anyone whose negligence causes someone else’s death must be held accountable for their actions. At the same time, you deserve help getting through this time. It would be wrong for you to have to shoulder the costs you are facing alone. Our lawyers want to help. We can explain your rights and provide honest counsel if you want to know whether a wrongful death claim is the right choice for you.
Reach out to us today at (785) 470-4244 to schedule a free consultation with one of our lawyers. Our local Topeka firm is here to provide the assistance and support your need.
When Can a Wrongful Death Claim Be Filed?
Wrongful death claims can be brought by eligible family members when their loved one died because of a preventable accident that was caused by another person or party. In some cases, like car accidents, the wrongful death will happen immediately or shortly after the accident. In cases like toxic exposure or defective drugs, your loved one may survive for months or even years after the negligence before succumbing to its effects.
If you are not sure whether you are eligible to file a claim, come talk to one of our attorneys in a free consultation. We can answer your questions and provide advice on what to do next.
Proving Liability for a Wrongful Death
As with any personal injury claim, your ability to secure compensation rests on the strength of your case. You must be able to link an individual, organization, or company’s negligence directly to the loss of your loved one.
This means first showing that the at-fault individual had a duty of care. Typically, this part is easy to prove because it is written into our laws; as drivers, we all must abide by the rules of the road as part of our duty of care to keep others safe. Likewise, companies that make and sell products owe a duty of care to consumers and can be punished for releasing faulty or dangerous goods.
Once you have established the duty of care, you must show the at-fault party negligently breached that duty in some way, thereby injuring your loved one. This could be by driving drunk or getting behind the wheel of a semi-truck despite being fatigued. It could be by failing to provide the care expected of you as a doctor, or by selling a piece of workplace equipment or machinery that malfunctioned. Many liable parties will challenge a wrongful death claim on this point by seeking to show the victim was to blame or by trying to pass the blame off to someone else.
After you have shown how the at-fault party’s actions were linked to the loss of your loved one, you will have to offer proof of the damages you have suffered and will continue to suffer because of their negligence. Our attorneys can help you calculate the worth of all your losses, so you are aware of what a fair settlement looks like.
Damages in a Wrongful Death Claim
Because a wrongful death claim seeks to compensate survivors for their losses, these cases do not include the same damages a personal injury claim might. Their focus is to ensure you and your loved ones have the means necessary to meet obligations and uphold your standard of living. We can help identify expenses like:
- Medical bills accrued before the death of your loved one
- Funeral and burial expenses
- Loss of future earnings and benefits
- Loss of retirement
- Loss of inheritance
- Loss of household services
- Loss of companionship, guidance, and support
Some of the damages are purely emotional and therefore do not have a set monetary value. We can counsel you on what to expect in this situation.
Who Can File a Wrongful Death Claim?
In Kansas, anyone considered an “heir at law” can file a wrongful death claim. This includes:
- A spouse
- Parents or grandparents
- Siblings of the deceased
Any party on this list who files a suit will be acting on behalf of all heirs at law. This means, even if a child, parent, or other eligible party does not choose to join the lawsuit, the damages awarded will benefit them as well.
Our Team Is Here for You
Whether your loved one’s death was recent, or you have had some time to come to terms with it, we understand the pain from such a loss does not go away. We do not want to do anything to add to your stress—in fact, we want to make your life easier, if at all possible. Filing a wrongful death claim can help you secure a much-needed financial safety net as you readjust to life without your loved one. It can also help you find answers and see justice done in your loved one’s memory.
Our local team has over 100 years of combined experience we are ready to use on your case. After serving our Topeka community for years, we have earned the trust of many local families. Our goal is to help our clients receive the most favorable outcome possible given their case. Whether you are ready to start a wrongful death claim or just exploring your options, we invite you to reach out to one of our attorneys today. We can help you decide what your next steps should be.
Start your wrongful death claim with the strength of DiPasquale Moore on your side. Schedule a free consultation by calling our Topeka office today at (785) 470-4244.