One of the more tragic situations that can occur in a family is when a loved one is taken away by a wrongful death. Losing a loved one to death is a bad enough experience without having to endure the painful trauma of that relatives death by someone else’s neglect or failure to act. A situation like that becomes a personal injury case, and is known as a wrongful death lawsuit. If you have become the victim of such a terrible incident, a Wrongful death attorney in Topeka KS suggests you act upon the tragedy quickly as there are laws in place that might prevent you from recovery if you wait too long.
Wrongful death cases such as medical malpractice, death sustained by automobile accident injuries, or industrial accidents have a specific time period in Kansas in which you must file. That period, as unfair to the victim’s family as it may be, is two years from the date of the victim’s death. There are rare cases, however, in which there may be exceptions to the rule. For example, the cause of a person’s death may not actually be clear or tied to the violator at the time of the death. In those cases, and the extenuating circumstances must be specifically clarified, the statute of limitations runs 10 years from the date of the death.
Another factor to consider in a wrongful death lawsuit is that Kansas is a state that employs the “comparative fault” rule. This rule works similar to what is called the “shared fault” rule in other states. It simply means the victim could be found to be partially negligent for his or her own death. Any damages awarded would be significantly reduced by whatever amount is determined to be the victim’s fault.
This seems like a horrific turn of events for such a loss to your family. If you hire an attorney to help you strengthen your odds, you would be in a better position to avoid such a turn out. The Smith Law Firm has been helping families who find themselves in this situation for over 20 years. They help clients in Topeka, Kansas and Manhattan, Kansas resolve wrongful death and medical malpractice solutions. If you would like the firm’s advice as a Wrongful death attorney in Topeka KS, visit the website smithlawfirmks.com. Once on the website, follow the directive that says “look at more info.”
