Kansas Wrongful Death Attorney

Peter Glasser is a dedicated wrongful death attorney with over two decades of experience in the legal field. His extensive background as a personal injury lawyer and his commitment to seeking justice for his clients make him the right choice to help you navigate the complexities of a wrongful death lawsuit.

Trust Peter Glasser to provide the support and expertise you need to achieve a sense of closure and rightful compensation.

When a loved one passes away due to someone else's negligence or intentional act, it's considered a wrongful death. This can result from car accidents, semi truck accidents, medical malpractice, workplace accidents, or other unfortunate events.

Wrongful death claims serve to provide compensation to the survivors and hold the responsible parties accountable. Peter Glasser, a seasoned attorney with two decades of experience in handling complex legal cases, offers his expertise on this page to help you through this challenging process.

A wrongful death occurs when an individual dies due to the wrongful act, neglect, or default of another person or entity. This legal concept allows the family of the deceased to seek justice and compensation for their loss.

Here are some common situations that constitute wrongful death:

• Car accidents: Fatalities caused by reckless or drunk driving are among the most common causes of wrongful death. These accidents often result from negligent behaviors like speeding, distracted driving, or driving under the influence of alcohol or drugs.

• Medical malpractice: Deaths resulting from medical errors or negligence can occur in various ways, such as misdiagnosis, surgical errors, medication mistakes, or failure to provide appropriate treatment. Medical professionals and healthcare facilities can be held accountable for these tragic outcomes.

• Workplace accidents: Fatal injuries sustained in unsafe work environments often result from inadequate safety measures, improper training, or faulty equipment. Employers have a responsibility to maintain a safe workplace, and failure to do so can lead to wrongful death claims.

• Product liability: Deaths caused by defective or dangerous products can occur when manufacturers, distributors, or retailers fail to ensure the safety of their products. This can include automotive parts, pharmaceuticals, household appliances, and children's toys.

• Nursing home neglect: Elderly residents in nursing homes are particularly vulnerable to neglect and abuse. Wrongful death can result from inadequate care, malnutrition, dehydration, or physical abuse by the staff.

• Premises liability: Property owners are responsible for maintaining safe conditions on their premises. Fatal accidents can occur due to unsafe conditions like slippery floors, faulty staircases, or inadequate security, leading to wrongful death claims.

• Intentional acts: Wrongful death can also result from intentional acts of violence, such as assault or homicide. In these cases, the perpetrator can be held liable for the death in addition to facing criminal charges.

Each wrongful death case is unique, and proving liability requires a thorough understanding of the specific circumstances. Peter Glasser's extensive experience in handling complex legal matters ensures that he can effectively represent your interests and pursue the justice your loved one deserves.

In Kansas, certain family members are eligible to file a wrongful death lawsuit. These include:

• Spouses: The deceased's husband or wife.

• Children: Biological, adopted, or stepchildren.

• Parents: Both biological and adoptive parents.

• Siblings: In some cases, brothers and sisters may also be eligible.

The damages in a wrongful death lawsuit can cover a wide range of losses. These damages are intended to compensate the survivors for both the financial and emotional impact of their loved one's death.

Understanding the types of damages you can recover is essential to ensure you receive compensation you deserve.

Here are the categories of damages that may be awarded in a Kansas wrongful death lawsuit:

• Economic damages: These are the tangible, financial losses resulting from the wrongful death. They include:

  • Medical expenses: Costs incurred for medical treatment related to the injury that caused the death, including hospital bills, surgeries, medications, and any other healthcare services.

  • Funeral and burial costs: Expenses associated with the funeral, burial, or cremation of the deceased. This can also cover costs for memorial services and related expenses.

  • Loss of income: The deceased's future earnings that the family will no longer receive. This includes the loss of wages, benefits, and potential future earnings, which can be substantial, especially if the deceased was the primary breadwinner.

  • Loss of household services: The value of the services the deceased provided, such as childcare, home maintenance, and other contributions to the household.

• Non-economic damages: These are more subjective losses that are not easily quantifiable but are equally important. They include:

  • Pain and suffering: The physical pain and emotional anguish suffered by the deceased before their death. This can also extend to the emotional pain and suffering experienced by the surviving family members due to the loss.

  • Loss of companionship: The emotional loss experienced by the surviving family members, including the loss of love, affection, guidance, and companionship that the deceased provided.

  • Emotional distress: The psychological impact on the surviving family members, such as grief, depression, and other mental health challenges resulting from the death of their loved one.

• Punitive damages: In cases of gross negligence or intentional harm, punitive damages may be awarded. These damages are not intended to compensate the survivors but to punish the wrongdoer and deter similar conduct in the future. Punitive damages are awarded in addition to economic and non-economic damages when the defendant's actions are particularly egregious.

Peter Glasser understands the profound impact a wrongful death can have on a family. With his two decades of experience and compassionate approach, Peter is dedicated to helping you pursue all possible avenues for compensation.

Time is of the essence when it comes to filing a wrongful death lawsuit. Kansas law sets a strict statute of limitations for these cases, generally requiring you to file your claim within two years from the date of death. This deadline is crucial because if you miss it, you may lose your right to pursue compensation for your loss.

Understanding the statute of limitations is essential for several reasons:

• Preservation of evidence: Filing a lawsuit promptly helps ensure that evidence is preserved. Over time, crucial evidence such as witness statements, medical records, and accident reports can become harder to obtain. Acting quickly increases the likelihood of gathering all necessary information to build a strong case.

• Witness availability: Memories can fade, and witnesses may become harder to locate as time passes. By initiating your lawsuit sooner rather than later, you can secure testimony from witnesses while their recollections are still fresh.

• Legal strategy: Early consultation with an experienced wrongful death attorney like Peter R. Glasser allows for a comprehensive review of your case. This ensures that all aspects of your claim are thoroughly investigated and that a solid legal strategy is developed to maximize your chances of a favorable outcome.

It's also important to note that there are exceptions to the general two-year statute of limitations. For example:

• Discovery rule: In some cases, the statute of limitations may be extended if the wrongful death was not immediately apparent. If the cause of death is discovered later, the two-year period may begin from the date of discovery rather than the date of death.

• Minors: If the beneficiaries of the wrongful death claim are minors, the statute of limitations may be tolled until they reach the age of majority. This exception allows children more time to file a claim for the loss of a parent or guardian.

• Fraud or concealment: If the defendant has intentionally concealed their wrongdoing or engaged in fraud, the statute of limitations may be extended to account for the time during which the concealment prevented the discovery of the wrongful death.

Given the complexities of wrongful death claims and the strict deadlines involved, it is imperative to seek legal counsel as soon as possible. By acting promptly, you can protect your rights and work towards achieving justice for your loved one.

The legal process can be complex and emotionally taxing.

Here are the general steps you can expect during a wrongful death lawsuit:

1. Filing the lawsuit: The process begins with filing a formal complaint in court.

2. Discovery phase: Both parties exchange information and gather evidence.

3. Settlement negotiations: Many cases are resolved through settlements before reaching trial.

4. Trial: If a settlement is not reached, the case goes to trial where a judge or jury will determine the outcome.

5. Appeal: Either party may appeal the decision if they believe an error was made.

Not all wrongful death cases go to trial. Many are resolved through settlements, which can provide a quicker resolution and avoid the uncertainties of a court trial.

Knowing the differences between settlements and trials can help you make informed decisions about your case.

Here’s what you need to know about each process:

Settlements involve negotiating an agreement between the parties without going to court. This process can offer several advantages:

• Quicker resolution: Settling a case often takes less time than going through a trial, allowing you to receive compensation sooner and move forward with your life.

• Lower costs: Trials can be expensive due to legal fees, court costs, and expert witness expenses. Settling a case can reduce these costs significantly.

• Certainty: Trials can be unpredictable, with outcomes that are difficult to foresee. A settlement provides a known outcome, avoiding the risk of losing in court.

• Privacy: Settlements are typically confidential, keeping the details of your case and the terms of the agreement private, unlike a public trial.

During settlement negotiations, Peter will work diligently to secure a fair and just compensation for your loss. He will thoroughly evaluate the damages, including economic and non-economic losses, and negotiate with the responsible party or their insurance company on your behalf.

If a satisfactory settlement is reached, it can provide closure and financial relief without the stress of a trial.

When a fair settlement cannot be reached, taking the case to trial may be necessary. Trials involve presenting the case before a judge or jury, who will determine the outcome based on the evidence and arguments presented.

Here are some key aspects of going to trial:

• Thorough preparation: Trials require extensive preparation, including gathering evidence, interviewing witnesses, and developing a strong legal strategy. Peter R. Glasser’s experience as a trial lawyer ensures that your case will be meticulously prepared for court.

• Presentation of evidence: At trial, both sides present their evidence, including witness testimony, expert opinions, and documentation. This process allows for a comprehensive examination of the facts surrounding the wrongful death.

• Cross-examination: Each party has the opportunity to cross-examine the other’s witnesses, challenging their testimony and credibility. This can be a critical aspect of the trial, influencing the judge or jury’s perception of the case.

• Verdict: After hearing all the evidence and arguments, the judge or jury will render a verdict. If the verdict is in your favor, the court will determine the amount of compensation to be awarded.

• Appeals: Either party may appeal the verdict if they believe legal errors affected the outcome. This can prolong the resolution of the case, adding to the emotional and financial burden.

Peter is committed to providing strong and aggressive representation throughout the trial process. His extensive trial experience and dedication to his clients ensure that he will advocate passionately for your rights in court. While trials can be challenging, they can also provide a sense of justice and accountability that a settlement might not achieve.

The decision to settle or go to trial depends on the specifics of your case and your personal preferences. Peter will provide you with the information and guidance needed to make the best choice for your situation.

Determining who is responsible for your loved one's death is a critical part of a wrongful death lawsuit. Identifying the liable parties is essential to ensure that justice is served and appropriate compensation is obtained. Potential liable parties can include a variety of individuals and entities, depending on the circumstances surrounding the death.

Here are some common examples:

• Individuals: Often, wrongful death cases involve the negligent or intentional actions of other individuals. This can include:

  • Drivers: In cases of fatal car accidents, the at-fault driver may be held responsible if they were driving recklessly, under the influence of alcohol or drugs, or otherwise negligent.

  • Medical professionals: Doctors, nurses, and other healthcare providers may be liable in cases of medical malpractice where their errors or negligence result in a patient's death.

  • Coworkers: In workplace accidents, a coworker who acted negligently or failed to follow safety protocols could be held responsible for the resulting fatality.

• Corporations: Companies and businesses can also be liable in wrongful death cases, particularly when their actions or products contribute to the fatality. Examples include:

  • Product manufacturers: If a defective product causes a fatal injury, the manufacturer, distributor, and even the retailer may be held accountable for the defect and its consequences.

  • Employers: In cases of workplace fatalities, employers may be liable if they failed to provide a safe working environment, adequate training, or proper safety equipment.

  • Service providers: Companies providing services, such as transportation or construction, may be responsible if their negligence or failure to adhere to safety standards leads to a death.

• Government entities: Public institutions and government bodies can also be held liable in wrongful death cases under certain conditions. This can include:

  • Public property incidents: If a fatal accident occurs on public property due to unsafe conditions or lack of maintenance, the responsible government entity may be liable.

  • Government employees: If an employee of a government agency causes a death through negligence or intentional harm while performing their duties, the government entity may be held accountable.

  • Public transportation: Fatal accidents involving public transportation, such as buses or trains, can result in liability for the government agency operating the service if negligence is proven.

Identifying all potential liable parties is a complex process that requires thorough investigation and legal expertise.

By identifying the correct liable parties, Peter can help ensure that you receive the maximum compensation available for your loss. This includes not only addressing immediate financial impacts but also considering long-term needs and the emotional toll of losing a loved one.

• Can a wrongful death case be reopened after a settlement?

  Generally, once a settlement agreement is reached and signed, the case cannot be reopened. Settlements usually include a release of claims, meaning the family agrees not to pursue further legal action in exchange for the agreed compensation. It's crucial to fully understand the terms of any settlement before accepting it, and having an attorney review the agreement can help ensure your rights are protected.

• What if the responsible party is uninsured or underinsured?

  Even if the responsible party lacks sufficient insurance, there may still be avenues for compensation. This can include pursuing claims against other liable parties, such as employers or manufacturers, or exploring options through the family's own insurance policies. An experienced wrongful death attorney can help identify all potential sources of compensation and develop a strategy to maximize recovery.

• How can an attorney help with my wrongful death case?

  An experienced wrongful death attorney like Peter provides invaluable support by handling the legal complexities of your case. This includes investigating the circumstances of the death, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Peter is committed to providing compassionate and knowledgeable legal support during this difficult time. Peter understands the emotional and financial challenges you face and works tirelessly to help you navigate the legal process with confidence and peace of mind.