Personal Injury, Wrongful Death, & Survivor Damages in Wichita, KS & Sedgwick County Kansas
Injuries caused by the negligence of another give you a right to recover monetary damages to compensate you for your losses. However, if you or a loved one has suffered an injury, you likely know that money alone often cannot fully compensate for personal injury losses. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Wichita personal injury lawyers and Wichita wrongful death lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.
When determining the value of a Wichita personal injury or wrongful death case, you must first consider the type and degree of loss or injury involved. The most severe loss is death, and there is a body of law dealing specifically with wrongful death claims. For more information on Wichita wrongful death claims, visit our Wrongful Death Damages page, or view the brief summary of wrongful death law below. Although death is one of the most tragic types of losses, many other personal injury claims can be devastating on an individual or an entire family. Wichita personal injury lawyers deal with all types of injury and accident cases, and know what types of damages you might expect to recover in your situation. Contact one of the qualified Wichita personal injury lawyers listed on this page to discuss your options.
Wichita Wrongful Death Lawyer
When someone is killed and the surviving family members believe a lawsuit may be in order, a Wichita wrongful death lawyer can help them assess the legal issues and prepare necessary documents and expert witnesses for trial. A Wichita wrongful death attorney will first assess who the proper parties are to make a claim.
What Are the Types of Damages Available When Someone is Killed Through Negligence?
The discussion above centered on which relatives and close family members have status to file a wrongful death claim. This section will explain what monetary damages are recoverable under Kansas law. Wichita area claimants are entitled to damages for:
(a) Damages may be recovered for, but are not limited to:
(1) Mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance or education; and
(6) reasonable funeral expenses for the deceased.
(b) If no probate administration for the estate of the deceased has been commenced, expenses for the care of the deceased which resulted from the wrongful act may also be recovered by any one of the heirs who paid or became liable for them. Those expenses and any amount recovered for funeral expenses shall not be included in the limitation of K.S.A. 60-1903 and amendments thereto.
It should be noted that non-pecuniary damages, such as pain and suffering, are limited to $250,000 in Wichita, KS wrongful death cases. Medical expenses, funeral expenses, and some other expenses are not covered by this cap. (60-1903. Amount of damages; jury instructions; itemized verdict).
If you or your family members have witnessed a loved one who is a close relative being injured due to negligence or intentional wrongdoing, and are now suffering mental anguish as a result, you may be entitled to compensation. Contact a Wichita personal injury attorney or Wichita wrongful death lawyer today to discuss your legal rights and remedies.
For information on additional damages that may be recoverable in a wrongful death case, click here.
Wichita Personal Injury Lawyer:
What are some common types of injuries for which Metro Wichita residents may be compensated?
(1) Death - Obviously the most severe injury is death and compensation for wrongful death actions are, of course, available to bereaved family members, as discussed above. However, sometimes death is not instantaneous and additional compensation may be available. Above, "conscious pain and suffering" was discussed as an element of recovery. Whether a decedent suffered consciously prior to death is a very important area of investigation for the Wichita personal injury law firm. For example, in an explosion case, sometimes the injury attorney will need to retain an accident reconstructionist to explain that the death was not instantaneous. This can be very hard for the family to listen to at trial, but it is essential to prove if monetary compensation is to be awarded by a jury, and is also necessary to send an adequate message to the party responsible for causing the death;
(2) Back, Neck, & Spinal Injuries - Spinal injuries are the most common injuries seen in car accidents and work related injuries. This is because the spinal vertebrae, soft tissue, discs, and ligaments extend from the base of the skull all the way down to the hips and are especially vulnerable to auto accidents, other high velocity impacts, and repetitive motion and occupational injuries. Spinal injuries are best treated by an orthopedic surgeon but neurosurgeons may also treat the spine, though they tend to concentrate more heavily on the cervical (neck) region rather than the lumbar (lower back) region. In Wichita, there are also an abundance of chiropractors, and, in less severe cases, they may treat the injury victim. Since chiropractors cannot perform spinal surgery, they are generally limited to physical therapy, including whirlpool, ice pack treatments, heat treatments, and electrical stimulation. There are a wide array of spinal injuries including:
(a) Whiplash or back and neck strain;
(b) Herniated Discs - Usually diagnosed by a cervical MRI (magnetic resonance imaging) or a Lumbar MRI. Herniated discs can also be diagnosed by a CAT scan (computed tomography) and/or a Cervical or Lumbar Myelogram. However, a myelogram is an invasive procedure and the MRI has consequently been the preferred diagnostic procedure since about 1987. The normal course of treatment, if the disk herniation is not emergent, is a conservative treatment program involving physical therapy (PT). If, after 6 to 12 weeks of PT, the pain does not resolve itself, a prudent doctor will order an MRI. If the MRI is "positive," which actually is bad in the sense it has demonstrated a problem in the disc, the next step is epidural steroid injections, which consist of injecting a corti-steroid directly around the disc and joint in question. This may resolve the problem entirely or it may resolve it temporarily. If relief proves to be only temporary, it may be repeated after a month or so. If the pain is not tolerable, the orthopedist or neurosurgeon may discuss spine surgery as an option. Surgical options may range from a laminectomy to a removal of the disc and a fusion. Some fusions are done with natural bone while others are done with "instrumentations." If you have suffered a herniated disc, you should pursue necessary medical treatment and contact a Wichita personal injury attorney;
(c) Paraplegia or Quadraplegia - In truck, car, and other serious accidents, the trauma to the spine can result in a severe injury to the spinal cord. Depending upon the level of trauma, the result can be horrific and sometimes even permanently disabling. A victim may be paralyzed from the waist down or from the neck down, depending on the specific spinal injury involved. Most rollover accidents result in injuries to the C2/C3 or C3/C4 region of the cervical spinal vertebrae and result in full quadriplegia.
(3) Brain Injuries - Brain Injuries range from extremely noticeable to very minor; however, despite the severity of the brain injury, it can affect your ability to perform a variety of daily tasks. Memory, motor function, or other complicated neurological processes may be compromised or fully destroyed. If you believe you may have suffered a brain injury, you should contact a doctor as well as one of the experienced Wichita personal injury attorneys listed above.
(4) Burn Injuries - Burns can happen anytime, anywhere and can change a person's life forever, leaving painful, difficult-to-mask scar tissue and, many times, requiring painful skin grafts. Burns can also leave the injury victim subject to long, excruciating rehabilitation and lifelong social stigma, resulting in a variety of damages. Perhaps even more critically, burns leave a person extremely vulnerable to infection and a variety of complications can occur following a severe burn. Burn injuries might occur in an industrial explosion, or due to another party's negligence or the negligence of their employees. Although a monetary award cannot heal the burns themselves, it can go a long way in terms of helping a burn victim and their family during the rehabilitation process. Moreover, rising healthcare costs have made recovering from a traumatic burn injury more expensive and difficult for many families affected by the trauma. If you or a loved one has been affected by a severe burn injury and you believe you may have a claim against the party responsible, contact one of the Wichita personal injury attorneys listed for a consultation.
Wichita personal injury attorneys and Wichita wrongful death attorneys represent clients in claims involving a wide range of injuries and accidents and have the experience and skill necessary to get the job done right. Knowledge of a potential damage award is crucial to settling or successfully prosecuting any claim for personal injury or wrongful death, and a Wichita personal injury lawyer or wrongful death lawyer's experience with these types of cases can help you assess your options from the get-go.
Helpful Resources if your friend, family member, or loved one has suffered an injury:
Wichita, KS Area Florists
Dean's Designs Flowers Gifts
J R Koontz Flowers
Lilie's Flower Shop
Barbara`s flowers house
Personal Injury and Wrongful Death Lawyers Serve Metro Wichita and Surrounding North Kansas Communities
Serving clients throughout Southern Central Kansas, including Arkansas City, Arlington, Augusta, Derby, Dodge City, Douglas, El Dorado, Emporia, Goddard, Great Bend, Hutchinson, Independence, McPherson, Mulvane, Potwin, Pratt, Rose Hill, Salina, Topeka, Towanda, Wellington, Whitewater, Wichita, Winfield, areas in the vicinity of Beech Factory Airport, Bombardier Aerospace/Learjet, Cessna Aircraft Field, McConnell Air Force Base, Raytheon Aircraft Company, Wichita Mid-Continent Airport, and other communities in Sedgwick County.
Contact one of the qualified Wichita personal injury attorneys listed on this page today for a full explanation of your rights after your or a loved one has suffered a serious injury or wrongful death.