This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Kansas Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
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.
Who Can Bring a Wrongful Death Action? Kansas law allows any heirs of the deceased person to file a wrongful death claim. An ?heir? is a person legally entitled to someone else's property after their death, which is specified by state law.
First in line to bring such a claim are the deceased person's surviving spouse, parents, children, or, if the children are deceased, the children's descendants. If no one from the first category survives, then a surviving sibling or his or her descendants may file the wrongful death lawsuit.
Pursuant to Kansas Law K.S.A. 60-1903, the cap on non-economic damages for wrongful death claims in Kansas is $250,000.
Assaults on patients and refusing to help them if they injure themselves (eg in a fall or if scalded in the bath) could also form the basis of a wrongful death claim. Wrongful death claims can also involve prescribing errors and overdoses, which might result if a doctor or pharmacist is poorly trained.
(a) If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had such person lived, in ance with the provisions of this article, against the wrongdoer, or such wrongdoer's personal ...