This is a multi-state form covering the subject matter of the title.
Kansas Motion for Summary Judgment - Heirship - Wrongful Death Case for Failure of Valid Cause of Action
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Multi-State
Control #:
US-MOT-01430
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Word;
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How to fill out Motion For Summary Judgment - Heirship - Wrongful Death Case For Failure Of Valid Cause Of Action?
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FAQ
(e) Motion for a more definite statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed, but which is so vague or ambiguous that the party cannot reasonably prepare a response.
A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.
In Kansas, noneconomic damages in wrongful death cases are limited, or "capped," at $250,000, but there is no cap on economic damages.
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.
A representative who brings a lawsuit for wrongful death may recover both economic and noneconomic damages. Economic damages may include medical bills, funeral and burial costs, loss of financial support, and loss of inheritance, among others.
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.
When a defendant moves for judgment on the pleadings under K.S.A. 60-212(c), the court is called on to determine whether?assuming all the allegations in the petition are true?the plaintiff has stated a legally cognizable claim. Motions under K.S.A.
Pain and Suffering Victims who survive injuries caused by personal negligence often sue for the physical, mental, and emotional trauma they experience as a result of the accident or injury. Those who file wrongful death suits for their cases may receive financial awards for their pain and suffering on their behalf.