Kansas guidelines for filing a wrongful-death lawsuit identify the eligible parties. This includes the spouse and children in the first class, and the victim’s parents in the second class. However, if there aren’t any relatives within these classes to file a claim, a sibling has the legal right to act on behalf of the victim.
Children Identified by the Court
In terms of wrongful-death lawsuits, children aren’t classified as possessing a biological link to the deceased only. Stepchildren and adopted children are recognized as beneficiaries as well. If a widow doesn’t exist, the children are the next in line to acquire damages from the accountable party. Children who have lost a parent during an act of negligence should contact a Wrongful death attorney in Topeka KS.
Parents Filing for Wrongful-Death
Parents have the right to file a claim for damages if their child wasn’t married or a parent. The only exception beyond these initial limitations is if the parental rights were terminated. When this is the case, the court dismisses any claim for these damages as it is unlawful.
How Damages are Calculated
The state reviews the wages earned previously by the deceased. They calculate the amount of wages based on the victim’s projected lifespan. If he or she had any existing medical conditions that could affect their longevity it is taken into consideration. Next, the total values of medical care and funeral expenses are added to this value. Lastly, all damages associated with tort laws are calculated separately.
An Alternative to Lawsuits
Children and spouses may acquire an award through surviving benefits. These benefits are available to help these individuals receive financial support. The value of the benefits depends upon how much the victim paid in Social Security taxes throughout their lifetime.
Wrongful-death applies to circumstances in which the victim could have survived if negligence wasn’t present. It could apply to an automobile accident, premises or product’s liabilities, or criminal infractions. The goal is to prove that the identified defendant’s actions or failures caused the victim’s death. To discuss your case with a Wrongful death attorney in Topeka KS today, browse around this website for more information.
