When an accident happens from a car wreck, motorcycle accident, trucking accident, or a workplace injury it causes extreme grief to the entire family. The stress and financial worry resulting from an accident which results in death may be the worst thing anyone ever goes through in their entire life.

The experienced Wichita wrongful death accident attorneys at Bull Attorneys understand that dealing with a wrongful death attorney is the last thing anyone wants to do. Our wrongful death personal injury attorneys gently and compassionately provide free legal advice to the family members and legal heirs so you can understand what a wrongful death lawsuit is about. We have helped families who have lost someone due to a car or large truck accident.

Surviving spouses and children can be financially helped by our Wichita wrongful death attorneys. In many accidental death claims we never have to file a lawsuit and can settle with the insurance company for the person causing the wrongful death. Our skilled Wichita personal injury attorneys have handled hundreds of wrongful death claims since 1983 winning hundreds of millions of dollars for our Kansas personal injury clients.

Kansas has a two-year statute of limitations following an accident that causes a death to bring a lawsuit. It is very important to hire a Wichita wrongful death personal injury attorney immediately after the accident or death because evidence becomes lost. Witnesses' memories fade with time. The best time to hire a wrongful death attorney is in the first 24 hours of the accident.

Our law team of Kansas wrongful death attorneys have a large staff of personal injury lawyers, case managers and paralegal-legal assistants who work together on your case following a case development protocol that has helped our personal injury lawyers help hundreds of Kansas families over the past four decades.

Our Kansas wrongful death attorneys have built an entire network of investigators and experts to prove how much the family is entitled to with experts in accident reconstruction, medical professional experts, economic experts, and pathology experts to prove that your loved one had extreme conscious pain and suffering prior to their untimely death.

Many wrongful deaths in Wichita and across Kansas happen as a result of motor vehicle accidents that result in catastrophic injuries unfortunately ending in death. Kansas had 57,598 traffic crashes in 2021. Out of this very high number of motor vehicle crashes 424 people died in the State of Kansas that year.

We settled 50 million dollars of personal injury and wrongful death claims just in 2021 alone. Our results prove how we can help your family. We never charge a fee unless we win. Our Kansas wrongful death lawyers are conveniently located with several offices across Wichita and Garden City, Kansas which allows us to help the entire State of Kansas.

Kansas law allows for wrongful death claims where a fatality is caused by a negligent person or business. KSA 60-1901 and related sections of the Kansas Wrongful Act form the legal basis for a family member losing a loved one in Kansas to bring a lawsuit for the death of a person caused by the wrongful act or omission of another person or business.

A wrongful death lawsuit is a legal action filed by the surviving family members or estate of a person who died due to the negligent or wrongful actions of another. There are many different types of claims that can be made.

• Wrongful death claim. The basic elements of a wrong death claim under K.S.A. 60-1904 allows for damages to the family members for:
• • Mental anguish, suffering and bereavement
• • Loss of society, companionship, comfort, or protection
• • Loss of marital care, attention, advice, or counsel
• • Loss of filial care or attention
• • Loss of parental care, training, guidance, or education
• • Reasonable funeral expenses for the deceased
• Survival action. Kansas law under K.S.A. 60-1801 provides that a survival action may be brought even though the person died. A survival action is typically brought where the person who was injured in an accident lives for a period of time following the accident. The action for conscious pain and suffering can exist even if your loved one lived only a few minutes while in excruciating pain. If your loved one lived in pain for a longer period of time before they died, the increased suffering will normally lead to increased monetary damages.We understand that most spouses and children do not want to think about the conscious pain and suffering their loved one endured before the death, but this helps us increase the amount of financial compensation you can receive to help support your family over the rest of your life.
• Wentling damages. Our experienced Wichita wrongful death lawyers will additionally bring a claim for Wentling damages for the family's loss of care, guidance, and services. These types of damages are proven by hiring an economist to write an expert report about the monetary value of these losses.

No matter whether your loved one died in Wichita, Garden City or anywhere in the State of Kansas it is extremely important that you hire an experienced Kansas wrongful death lawyer. Our Wichita Based death attorneys know that to develop a bigger settlement we must focus on proving the conscious pain and suffering. In fact, this claim can increase the value of your wrongful death claim substantially.

Sometimes, proving the elements of conscious pain and suffering is difficult because we have to evaluate the EMS records and look for signs of consciousness. We take statements from witnesses to obtain facts to show what your loved one was going through. We hire pathologists to evaluate the blood and tissue to have an expert opinion about the medical status of your loved one right after a bad accident.

The insurance company for the defendant will hire similar pathology experts to fight us every step of the way. We take highly skilled depositions of all the health care workers and doctors treating the patient so that we can find even a small bit of evidence to prove they had conscious pain and suffering. One single piece of critical evidence can make the difference between winning and losing the case.

Most importantly, our Wichita wrongful death personal injury lawyers have been taught understand that no person can be traumatically injured and die without pain. This knowledge drives us to work harder than many lawyers because we understand the pain your loved one went through and the pain you are going through.

What Must Be Proven in a Wrongful Death Claim in Kansas?

Wrongful death claims in Wichita and across all of Kansas require that the plaintiff seeking financial compensation prove certain legal elements in order to win a wrongful death case in Kansas.

The four elements of proof are:

1. Duty of Care violated. Kansas law places a duty on people in certain circumstances to act safe and in a reasonable manner like where a motor vehicle statute or ordinance requires the driver not to speed and run red lights.
2. Breach of the Duty of Care. Kansas law requires a person or business to act safely and generally is not doing something that an ordinary citizen of Kansas would do to protect other people.
3. Causation. The person's failure to do something that an ordinary person would do must also cause injury to the other person.
4. Damages. Kansas requires that the harm damaged the person who was not at fault and resulted in economic damages like medical bills and financial losses or non-economic damages like pain and suffering, mental anguish, conscious pain and suffering and loss of enjoyment of life.

In Kansas, in order to receive monetary payment for damages and financial losses you must be an Heir-at-Law. The people who are heirs-at-law include the following:

• Surviving spouse.
• Children of the deceased.
• Grandparents.
• Siblings of the deceased.

In Kansas wrongful death cases, there is often a fight about who is entitled to the money from the death claim. In some circumstances the heirs will split and go to different personal injury lawyers. It is always best for the heirs-at-law to hire only one law firm to bring a claim for the damages and losses from the person's death to avoid incurring double expenses on one case. That should be the Bull Attorneys wrongful death lawyers.

Common Types of Kansas Wrongful Death Cases

Our law firm has handled wrongful death cases from car accidents to nursing home malpractice cases. In Kansas, there are many different types of traumatic accidents that can cause wrongful death.

Common wrongful death cases happen in Kansas from accidents with the following:

• Tractor-trailer and large truck accidents. Our firm has handled hundreds of tractor-trailers accidents, many of which ended in unfortunate deaths for our client.
• Rural farming and agricultural accidents. Our firm has handled many farming accidents which are usually extremely brutal and result in massive bleeding and loss of limbs because of the dangerous nature of farm implements.
• Car and motor vehicle accidents. Our firm has handled thousands of car and motor vehicle accidents, many of which resulted in a death.
• Burning and explosions in motor vehicle accidents. Our firm has handled several motor vehicle accidents which were of such a high force of impact that the car or truck ended up catching on fire where the occupants literally are burned alive.
• Workplace accidents in cities and rural areas. Over the years our firm has handled many workers' compensation cases resulting in a death due to unsafe working conditions where the employer fails to follow OSHA standards.