The time it takes to resolve a wrongful death case depends on the nature and extent of damages, how long it takes to discover all of those damages and then quantify them to the satisfaction of the insurance company to make a reasonable offer of settlement. In the course of litigating a wrongful death case, there really isn’t any different timeline than any other civil lawsuit, and in Kansas, a wrongful death case, from the date of filing to the date it’s tried successfully before the court, is usually within one to two years. In the process of settling a wrongful death case, it’s usually a shorter timeframe than a civil cause of action...

The amount of damages is generally dependent upon factors, such as the size of the family and how much support the deceased was providing that family. Emotional, physical and monetary support make up the particular element of each type of damages listed in K.S.A. 60-1904. In order to calculate each one of these damages, you have to assess each case on its merits in terms of the type of mental anguish, suffering and bereavement that was suffered and explain to a jury how your case is different in regard to that particular damage and try to quantify the significance of that particular type of damage. Damages are based, to some extent,...

A wrongful death claim is a lawsuit due to the death of a person caused by negligence or acts of misconduct by another, and under Kansas statutory law, the person who caused the death is responsible for their conduct, either through their negligence or through their intentional acts. They are legally responsible for the damages caused to the family of the person who died. A wrongful death cause of action or claim is for the damages caused to the family, and all of this is governed by article 19 under chapter 60 of the Kansas Code. It’s all a matter of statute, and so in order to understand how these wrongful death claims actually...