How to Gather Evidence for a Kansas Wrongful Death Lawsuit
In Kansas, what are your legal options when your loved one dies due to the negligent or intentional actions of another party? The answer depends, in part, on you. If you act quickly and contact an experienced wrongful death attorney at Palmer Law Group, you may be able to seek and receive compensation for that death through a wrongful death lawsuit.
While your lawyer will do everything in their power to get you the best possible results from that legal action, you will likely obtain even better results if you also assist in the legal process. With that in mind, understanding how to gather evidence for a Kansas wrongful death lawsuit can potentially make it easier for your lawyer to support your claim.
When Should You Gather Evidence for a Kansas Wrongful Death Lawsuit?
One of the best ways you can assist your lawyer in establishing a wrongful death lawsuit in Kansas is by gathering evidence as quickly as possible after your loved one dies. All too often, clients come in for a free consultation weeks, months, or even years after their loved one has died. Unfortunately, by that point, the needed evidence has often become more difficult to gather. Key witnesses may have forgotten the details or no longer be available to interview. If your loved one died in a car accident a year ago, for instance, we might find it difficult or impossible to track down the names of witnesses to that accident. Information will always be easier to obtain close in time to your loved one’s death.
While we use professional investigators to gather information, it also helps if you can provide evidence or leads before you walk through our front door. We don’t need you to be Sherlock Holmes, of course, but it will certainly help if you can provide as much information as you have available. If, for example, your loved one died on the operating table, make sure you have the name of the doctor, the hospital where the operation occurred, and the names of any nurses or other medical personnel that were present, if you can get the hospital to reveal that information.
Evidence becomes more difficult to acquire the longer you wait. It is best to start gathering it as soon as possible.
Statute of Limitations for Wrongful Death Lawsuits
There is a second reason that you should gather evidence for a Kansas wrongful death lawsuit as quickly as possible — the statute of limitations for wrongful death lawsuits. In Kansas, it is only two years from the date that your loved one died. And though two years may seem like a long time, it can fly by as you cope with your loss. If you haven’t gathered any evidence and the deadline is approaching, you might not get the results you are hoping for from your lawsuit.
Have you lost a loved one in Kansas due to the negligence or intentional action of another party? Palmer Law Group has been helping people like you get fair compensation from wrongful death lawsuits since our founding in January 1980. Contact us today to schedule a free consultation.
Will the Police Gather the Evidence for You?
Many potential clients confuse wrongful death lawsuits in Kansas with cases involving criminal charges, like murder or manslaughter. If the police believe that the party responsible for the death of your loved one was criminally liable, they will gather evidence to prove that fact. However, that investigation won’t necessarily support your wrongful death claim.
Typically, the police will not share with you any evidence they have gathered until after a criminal trial is concluded, which could very well take months or years. Furthermore, if the police or district attorney determines there was no criminal activity involved in your loved one’s death, the evidence they’ve gathered may never be shared with you or your lawyers.
Suffice it to say that relying on evidence gathered by the police or the outcome of a criminal case could hinder your ability to succeed in a wrongful death lawsuit in Kansas.
What Type of Evidence Do You Need?
According to the Kansas wrongful death statute, a loved one can file a wrongful death action when the deceased party would have had grounds to file a personal injury claim had they lived. In other words, you will be tasked with looking for the same type of evidence that you would need if you were filing a personal injury claim.
That means you will need evidence that shows the following:
The defendant had a duty to prevent harm to your loved one.
The defendant, whether through action or inaction, failed to fulfill that duty.
The defendant’s failure resulted in the death of your loved one.
You suffered financial losses due to the death of your loved one.
The losses can be monetarily valued.
While you may not know exactly how to gather (or be easily in a position to gather) most of these types of evidence, you should have easy access to evidence that documents your financial losses. The best way to collect such proof is to immediately preserve it. Thus, if you receive a bill from the morgue, for example, keep a copy of it in a safe place. You should also request a digital copy if the morgue can provide it. By having both a physical and a digital copy of any financial documents, you are more likely to be able to produce them when necessary. Our legal team will help you identify and preserve important documents, but it becomes much harder to do if you toss out receipts or delete digital records immediately after receiving them.
Contact Palmer Law Group After the Death of a Loved One in Kansas
After the unexpected loss of your loved one, the last thing on your mind is what you need to do to best support a potential wrongful death lawsuit. Unfortunately, while that may not be your priority, failing to act could harm a lawsuit that you eventually decide to make. A free consultation with Palmer Law Group could protect your interests during these trying times.
For assistance from attorneys who understand the pain you are feeling, contact Palmer Law Group today to schedule a free consultation.