FAQs About Filing a Lawsuit Answered by a Wrongful Death Lawyer in Manhattan, KS

by | Nov 16, 2016 | Law Services

In Kansas, a wrongful death is identified by circumstances that are negligent or criminal. These events could relate to an immeasurable amount of personal injury claims. The following are FAQs about filing a lawsuit, answered by a wrongful death lawyer in Manhattan, KS.

Is a case upgraded to wrongful death after it’s filed?

No. The case isn’t upgraded to a wrongful death lawsuit if the claim was already filed through the court. It will proceed to trial based on the schedule set forth by the court. However, the attorney can add the extra medical and funeral costs to the lawsuit later.

Can parents file a wrongful death if the event caused the death of a fetus?

Yes, in the state of Kansas, parents retain the legal right to file a claim for the death of a fetus. According to state laws, the unborn is classified as a viable human being at conception. However, the circumstances of the unborn child’s death must be an act of negligence or a criminal act.

Are family members allowed to file a tort-based claim?

Yes. Family members retain the legal right to add tort-based claims to the lawsuit based on their own pain and suffering. They can claim any tort-based occurrence including mental anguish, emotional distress, or detriment. This includes family members such as parents and children of the deceased.

If the victim never worked, can their family file a lawsuit?

Yes. The presence of a work history doesn’t lead to a denial of compensation. In these cases, the purpose is to prove that the fatality could have been prevented. It doesn’t matter if the victim worked or not, their family is still entitled to compensation for related expenses and their loss.

In Kansas, a wrongful death is any avoidable fatality in which another party is accountable. These occurrences lead to lawsuits that are filed by the victim’s family. These families are entitled to compensation based on their loss. This loss is calculated according to the medical expenses, loss of financial support, and funeral expenses. Families that need help contact a wrongful death lawyer in Manhattan, KS at the Oleen Law Firm or visit website for more details.

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