This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Kansas Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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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.
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.
In Kansas, there is a two-year statute of limitations for wrongful death lawsuits. A ?statute of limitations? simply refers to the time limit someone has to bring a legal action against another person or entity.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
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.?
(a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of $250,000 and costs.
In Kansas, there is a two-year statute of limitations for wrongful death lawsuits. A ?statute of limitations? simply refers to the time limit someone has to bring a legal action against another person or entity.
In Kansas, any damages awarded in a wrongful death case (more on that below) are for the benefit of all eligible heirs, regardless of whether they joined the lawsuit. (Kan. Stat. § 60-1902 (2021).)