Information from Our Kansas, Missouri, and Arizona Wrongful Death Attorneys
If you believe that the death of your family member or loved one was wrongfully caused by negligence or some other liability, you may have a viable wrongful death claim. Although there are differences between each state’s wrongful death statutes, it’s important to be aware of the general guidelines of wrongful death claims. Below are several frequently asked questions to help you clarify and understand your rights. Families can also contact The Law Offices of Dr. Samuel K. Cullan and Associates, serving Missouri, Kansas, and Arizona, to speak with our wrongful death attorneys. We understand the tremendous grief and stress you are feeling, and we can help you during this difficult time.
Frequently Asked Questions: Wrongful Death
- What is a wrongful death lawsuit?
- Who can file a wrongful death claim?
- Is there a time limit to filing a wrongful death claim?
- What damages can be recovered in a wrongful death lawsuit?
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil suit filed against the party responsible for causing a death. Almost always filed by close relatives of the decedent, wrongful death claims allege that the victim was killed by either the deliberate or unintentional actions of the defendant. For example, medical malpractice, drunk driving accidents, motorcycle accidents, defective products, car accidents, semi tractor trailer accidents, and nursing home negligence are common causes of wrongful death.
Who can file a wrongful death claim?
If you are an immediate family member (parent, spouse, or dependent child), grandparent, or legal dependent of the deceased, you could be qualified to file a wrongful death claim. In order to file the claim, there must be proof that it was indeed the accidental, negligent, or intentional actions of the defendant that caused the death. Residents of Arizona, Kansas, and Missouri can contact our wrongful death attorneys for more information. We can evaluate your case and help you understand your rights.
Is there a time limit to filing a wrongful death claim?
Yes; wrongful death claims do have time limitations. There are several reasons why it is crucial to file a wrongful death claim as soon as possible. First, there is the matter of witnesses and evidence. Contacting any witnesses and compiling relevant evidence early on can significantly strengthen your case. Second, the statute of limitations (the length of time in which a claim must be filed) for wrongful death suits vary from state to state. In some states, the limitations begin at the time of death. In other states, they proceed from the time that a wrongful cause of death is discovered; for example, if a man does not discover that his wife was the victim of medical malpractice until a year after her death, he might still be able to file a wrongful death claim. To learn more about the statutes of limitations in Missouri, Arizona, and Kansas, contact our wrongful death attorneys today.
What damages can be recovered in a wrongful death lawsuit?
Although no amount of money can compensate for the loss of your loved one, financial security can be an important step in helping your family heal. Increased stress from financial burdens can be greatly relieved with a wrongful death lawsuit. In general, the damages recovered in a wrongful death lawsuit relate to the medical and funeral expenses incurred; the loss of income, inheritance, and benefits; as well as the loss of future income. Recoverable damages, including punitive damages, vary between jurisdictions.
Wrongful death victims aren’t just the decedents; they are also the mothers, fathers, husbands, wives, siblings, children, and grandchildren left behind by those accidentally or intentionally killed. If you believe the death of your loved one was wrongfully caused, you deserve justice. Our Kansas, Missouri, and Arizona wrongful death attorneys are experienced with helping the families and loved ones of victims through this kind of lawsuit. Please contact Cullan Law today to consult with a member of our legal team.