In Kansas, a wrongful death indicates that the victim didn’t die of natural causes, but instead that the actions or choices of the defendant created the fatality or the circumstances that produced it. The following are common questions to ask a wrongful death lawyer in Manhattan, KS.
How Is the Cause of Death Certified?
Under certain circumstances such as car accidents and criminal acts, the state requires an autopsy, which provides a forensic examination of the body and all injuries sustained in the identified event. The medical examiner identifies the exact injury that led to the victim’s death. They also connect the pieces that aren’t known to others in the case. For example, if it was a criminal act, the medical examiner identifies the most probable murder weapon used to kill the victim. All findings are used in criminal and civil proceedings.
How Are Events That Led to a Fatality Deemed Avoidable?
To prove that it was an avoidable fatality, the attorney must prove that the defendant had an alternative choice. For example, a driver who chose to drive drunk had the alternative choice to refrain from driving. If it was a criminal act, the defendant had the choice to stop their course of action to prevent the victim’s death. The attorney could acquire forensic assessments to show alternative choices for the defendant based on the circumstances.
Are There Cases in Which More Than One Defendant Is Identified?
Yes, in linking criminal cases, if more than one defendant is responsible for the fatality, they are added to the civil lawsuit. Additionally, if the fatality is linked to a product’s liability, several individuals are identified. For example, the manufacturer, the designer, and the inspector could be deemed liable, and the family could file a claim against each party separate or together.
In Kansas, wrongful death proceedings enable families to acquire compensation for their losses. These losses include financial support of a parent, medical expenses, and tort-based rulings such as mental anguish. After a wrongful fatality occurs, the family needs to assess their rights and proceed accordingly. Families who need to hire a wrongful death lawyer in Manhattan, KS contact Oleen Law Firm.