Losing someone you love is difficult to do. When they were killed, in part at least, by someone else’s carelessness, the loss is all the worse. You will probably be angry, flummoxed, and have no idea what to do. If it happened in Kansas City, you may be entitled to bring a wrongful death lawsuit. This guide explains what a wrongful death claim is, why it matters, and how an experienced Kansas City personal injury lawyer can help you win the justice your family deserves.
What Is a Wrongful Death Claim?
Wrongful death is a case you can file when someone dies due to the negligence of some party or parties. It could be due to a car accident, medical mistake, dangerous workplace, or any other harmful accident. Kansas City law in such a scenario allows some of the family members to recover money to compensate them for the injuries and hold the wrongdoer accountable. Wrongful death suits benefit the surviving relatives. They make the company or person responsible for the death pay. It is also a deterrent that there will be consequences for being negligent.
Who Can Bring a Wrongful Death Action in Kansas City?
Kansas and Missouri are not the same.
In Missouri:
- The spouse or husband
- The children or grandchildren
- The parents
- The siblings, if there is no more immediate relative
In Kansas:
- Any heir of the decedent may bring
- This can include spouses, children, parents, or other legally defined heirs
When the above family members are not present, a representative may be empowered to pursue the claim. Seeking the advice of an attorney is recommended so that you know you qualify. Each case has its own set of facts, and attorneys can provide insight into who might appear.
What Can You Recover Through a Wrongful Death Claim?
Money from these claims helps pay:
- Funeral and burial expenses
- Lost salary and benefits
- Pain and suffering
- Pre-mortem medical bills
- Loss of companionship or society
- Mental distress and emotional anguish
This money will not get your loved one back. It can, though, help reduce some of the stress and help provide for your family. There are a few families who utilize this money to assist in establishing memorials or foundations for their deceased loved one. Some utilize it to pay off debts and save. Occasionally, it can assist with sending children to school or taking care of elderly parents. You’re not asking for money. You’re seeking justice after a heinous injustice. It’s about putting your family back on their feet.
Why You Need a Personal Injury Lawyer
Wrongful death claims are complicated. This is how your attorney helps:
1. They Know the Law
Kansas City wrongful death legislation is complicated. Lawyers know what regulations work for you and how to utilize them.
2. They Gather the Correct Evidence
You need proof to prove the other party liable for causing death. A lawyer knows what to obtain and how to build a solid case.
They may include:
- Police reports
- Medical records
- Expert testimony
- Witnesses’ statements
- Video proof or photographs
- Reenactments of accidents
3. They Deal with Insurance Companies
Insurance companies would try to offer you less money or nothing at all. Your attorney will stand up for and protect your interests. Insurance adjusters have been taught to save company money. They may offer you a quick settlement. But that amount can be considerably lower than your case is worth. Others try stalling tactics, hoping you will quit. A lawyer keeps the pressure on and keeps the claim action moving.
4. They Know What Your Claim Is Worth
You may never have any idea of the amount of the losses you are owed. A lawyer can add everything up, including lost income in the future or care.
Your attorney will include the total impact of the death:
- Financial loss
- Emotional impact
- Future needs
They call in experts if required to provide long-term estimated expenses.
5. They Stand Up for You in Court
Most often, they resolve the case. Otherwise, it goes to court. Your attorney will be ready to fight for your loved ones if that is the case. They’ll make your case simple. They’ll stand before the jury and request a fair verdict. They understand how to make complicated facts simple.
How to Choose the Best Kansas City Lawyer
Employ an attorney who:
- Is a specialist in wrongful death
- Is knowledgeable about Kansas and Missouri law
- Explains answers simply
- Operates on a “no win, no fee” basis
- Has good feedback and results
Ask how many cases they’ve dealt with. Ask what sort of results they’ve achieved. A good attorney should be honest with you. A good attorney should explain things simply to you. Visit several attorneys before deciding. Ensure you’re treated with respect and listened to. Don’t rush into any decisions.
What to Expect from the Process
This is an average breakdown:
- Visit your attorney
- They start an investigation
- They bring the suit
- Negotiate with them
- Take it to court if a settlement is not possible
It can take months, years. Your good attorney will keep you informed every step of the way. You will be subpoenaed to provide testimony or attend meetings. Your lawyer will prepare you. They will also handle most of the legwork from a legality perspective so that you can focus on healing. The duration is based on the circumstances of the case. Some are resolved within a few weeks. Others last months. Either way, it is the responsibility of the attorney to just keep pushing.
Don’t Wait Too Long
There is a time limit in filing a wrongful death claim. This is what is called the statute of limitations.
- In Missouri, it’s 3 years from the time of death
- In Kansas, it’s 2 years from the time of death
Once the time is out, you cannot file. It is a good idea to sit down and speak with a lawyer as soon as possible. The sooner you get started, the better it is to compile good evidence. Delays make it harder to find witnesses. Files get lost. Memories fade. Proactiveness stiffens the case.
FAQs
1. Can I sue for wrongful death if he was not working when he passed away?
Yes. It doesn’t make any difference if he was working, in town, or out of town. If someone else killed them, you can sue regardless.
2. What if the person whose death they committed was not convicted of a crime?
You may still pursue a civil action. Criminal charges and wrongful death actions are different. You don’t need a conviction in order to win your case.
3. Can more than one individual pursue the claim?
Yes. If there is more than one heir, you can pursue it collectively. Or you can pursue it on behalf of all the others. The court can then dole out the money. An attorney can do this in a reasonable manner.
4. If my loved one was partially responsible for causing the accident, what is the consequence?
Kansas and Missouri have distinct comparative fault laws. You can recover some money even if your loved one was partially at fault. In Missouri, you are still able to recover unless your loved one was 100% at fault. In Kansas, your recovery will be reduced if your loved one was partially at fault. Your lawyer will explain to you how these laws would apply in your case.
5. Do I pay the lawyer upfront?
The majority of personal injury lawyers work on contingency fees. This is to mean that they do not get paid unless you win. No win? No fee. Always ask for fees first before you enter into a contract. Set the terms. Ask if the firm charges court fees upfront.
Final Thoughts
You don’t need to do this alone if you lost a loved one due to another’s negligence or recklessness. A Kansas City Wrongful Death Lawyer can see you through and obtain a just settlement. It will not remove the hurt. But it can give your loved ones justice and help when you most need it. You deserve answers, and you deserve a fair measure.
