When dealing with wrongful death cases in Kansas, one crucial aspect often debated is whether a victim can claim pre-impact pain and suffering. This issue, particularly in Kansas, has seen varying interpretations across different court cases. Understanding how Kansas courts handle claims of pre-impact emotional distress can be essential for anyone involved in such cases.
.jpg)
The Kansas Precedent: A Complex Landscape
In the legal context, pre-impact pain and suffering refer to the emotional distress a person experiences before a fatal or serious injury. This concept, while recognized in some jurisdictions, has been approached with caution by Kansas courts.
One of the landmark cases is Fogarty v. Honeywell Int’l Inc., where a federal court predicted how the Kansas Supreme Court might rule on such a claim. In this case, the decedent was killed after a defendant ran a stop sign. The court acknowledged the lack of prior Kansas state court rulings on pre-impact emotional distress claims and noted the complexity of predicting such outcomes. The Federal Judge recognized the possibility of emotional distress during the moments leading up to the collision but refrained from allowing the claim, citing Kansas’s traditionally conservative stance on emotional distress recovery. However, this case was decided in 1986, and Kansas is not so “conservative” as it used to be in our legal opinion, given the Supreme Court’s recent decisions.
St. Clair v. Denny: A Step Forward?
Three years after Fogarty, the Kansas Supreme Court had an opportunity to directly address this issue in St. Clair v. Denny. In this case, the court considered whether a decedent’s estate could claim pre-impact emotional distress based on evidence of yaw marks left by the vehicle. While the court did not ultimately recognize the claim due to insufficient evidence, it left the door open for future cases with stronger evidence.
Recent Developments: Ullery v. Othick and Sanchez v. Robert Heath Trucking, Inc.
In more recent cases, Kansas courts have continued to grapple with the concept of pre-impact distress in the wrongful death context. In Ullery v. Othick, the Kansas Court of Appeals denied a pre-impact distress claim due to a lack of evidence that the decedent was aware of the impending collision. Similarly, in Sanchez v. Robert Heath Trucking, Inc., the court again found insufficient evidence to support such a claim. However, both cases underscore the ongoing judicial debate about the viability of pre-impact emotional distress claims.
Connect With Our Kansas Legal Team For Your Consultation Today
The Kansas courts have yet to fully recognize claims for pre-impact emotional distress, but the evolving case law suggests that under the right circumstances, such claims could be acknowledged. If you or a loved one have been involved in a serious accident that led to their death and believe there is a case for pre-impact pain and suffering, it's essential to consult with a knowledgeable personal injury attorney who understands the complexities of Kansas law.
The evolving legal landscape makes it crucial to have experienced representation to navigate these challenging claims. Our lawyers at Foster Wallace, LLC have experience in Kansas wrongful death cases and welcome the chance to talk to you about you or your loved one’s case.
Please use the contact us form on this website or reach out to us at 816.249.2101 for a free consultation.
