Kansas Complaint for Wrongful Death - Single Count

State:
Multi-State
Control #:
US-M6795
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
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FAQ

Under Kansas law, only certain relatives can file a wrongful death lawsuit. These individuals include the surviving spouse only, children, parents, or the personal representative of the deceased's estate.

Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.

The main difference between wrongful death and manslaughter is intent. Wrongful death occurs when a person's death is caused by the negligence or intentional actions of another party, while manslaughter occurs when a person kills another person without premeditation or intent.

Kansas wrongful death laws cap the compensation a family can receive for non-economic losses. Non-economic losses are the pain and suffering caused by the loss of a family member. The cap on pain and suffering losses in a wrongful death case is $250,000.

You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.

Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.

You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?

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Kansas Complaint for Wrongful Death - Single Count