What are the rights of a surviving family member in a catastrophic injury case?
In Kansas, a surviving family member of an individual who has suffered a catastrophic injury may be able to pursue a claim for damages. Depending on the severity of the injury, this may include financial support to help the family cope with the loss of income from the injured individual, as well as payment for the medical expenses incurred by the deceased individual. The first right of the surviving family member in a catastrophic injury case is to file a claim with the proper court for damages. This is done by filing a lawsuit, in which the family member must present evidence demonstrating that the individual responsible for the injury caused the death or severe injury. This evidence may include medical reports, photographs, and witness accounts. The family may also be able to recover damages from the responsible party that are not related to actual losses. These damages may include compensation for pain and suffering, as well as compensation for the loss of a loved one’s companionship. The last right of a surviving family member in a catastrophic injury case is the right to seek punitive damages. Punitive damages are intended to punish the responsible party for their actions, and can be quite substantial. Punitive damages can be awarded in addition to the other damages that the family may be entitled to if it can be demonstrated that the responsible party intentionally caused the death or severe injury.
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