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Wrongful Death FAQ
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  1. What is wrongful death?

    A wrongful death claim alleges that someone’s negligence or recklessness caused the victim’s death.  Kansas has a “wrongful death” statute to allow certain survivors to bring this type of claim.

  2. What are the elements of a wrongful death claim?

    Generally, a wrongful death occurs when a death is caused, in whole or part, by the conduct of a negligent or reckless third party.

  3. Who can file a wrongful death claim?

    Although the exact category of people allowed to bring such a claim varies, generally the decedent’s spouse and/or children may bring these claims. Usually an Estate must be opened and an Administrator appointed.  Larry Wall can do this for you. It is important that this be done as soon as possible.

  4. When must a wrongful death claim be filed?

    Kansas has its own time limit, or “statute of limitation,” that defines the time frame during which a wrongful death lawsuit may be filed.  In Kansas the statute of limitation, for a wrongful death claim, is generally two years.  A claim, even a valid claim, may be (and usually is) denied by the courts if it is filed after the statute of limitations has run.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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