Lost a Loved One in Kansas City? What You Need to Know About Wrongful Death Claims
It is quite possibly one of the most painful things that life has to offer. When the loss results from the fault of another, then the agony is all the more unbearable. Kansas City families are usually left dumbfounded regarding what steps to take next. Wrongful death claims are in place to bring about justice and recompense. This book explains what is wrongful death, how claims in Missouri are filed, who is eligible to claim, and what you can do. It also addresses the most common questions families need answered when faced with such a horrific accident.
What Is Wrongful Death?
Wrongful death is the loss of life caused by the negligence of another party. It results from negligent operation of a vehicle, hazardous property, medical negligence, or hazardous products. Missouri statutes provide the right of recovery to certain family members. It is not all about revenge. It is about helping the family with the financial and emotional burden of the loss.
Common Causes of Wrongful Death in Kansas City
Wrongful death can occur by a variety of mechanisms. Some of them are:
- Automobile accidents caused by speeding, alcohol impairment, or distracted driving.
- Truck accidents caused by large vehicles and unsafe driving times.
- Medication errors like administration of the wrong medication, surgical errors, or missed diagnoses.
- Industrial accidents in dangerous working environments.
- Defective products that malfunction and cause death-causing injuries.
Every case is unique. The deciding factor is whether death was caused by someone else’s actions or lack of actions.
Who Can Sue for Wrongful Death in Missouri?
Not everyone in the family. Missouri specifies exactly who can sue.
- Priority one: victim’s spouse, children, or parents.
- Priority two: victim’s siblings or their children.
- If none of the above, a person can be ordered brought forward by the court to sue.
This is to keep claims fair and in line.
What Types of Damages Can Be Recovered?
Families can seek both financial and emotional damages. Some of them are:
- Medical bills related to the terminal illness or injury.
- Funeral and burial costs.
- Lost wages that the deceased would have received.
- Pain and suffering experienced by the deceased before death.
- Loss of companionship and care to family members.
The objective is to reduce economic loss and show respect for the worth of the lost life.
How Long Do You Have to File a Wrongful Death Claim in Missouri?
Time limits matter. In Missouri, the families typically have three years from the date of death to file a claim. Waiting too long can prevent the claim from moving forward. Having an initial consultation with a Kansas City Wrongful Death Lawyer conserves your rights and prevents missed deadlines.
A Lawyer’s Function for Wrongful Death in Kansas City
A family can be represented by a lawyer throughout this complex procedure. A lawyer can:
- Investigate the reason for death.
- Retrieve medical records, police reports, and witness testimony.
- Consult with specialists to determine liability.
- Transfer damages to actual cost and loss figures.
- Negotiate insurance providers.
- Go to court, if required.
Trying to handle a wrongful death claim on your own can be overwhelming for grieving families. An experienced lawyer removes that burden from your back through helping in the legal process.
The Process of Filing a Wrongful Death Claim
This is the way it usually works:
- Consultation: Meet with an attorney and discuss your case.
- Investigation: Collect evidence related to the cause of death.
- Filing the claim: File in court within statute of limitations.
- Negotiation: Try to negotiate with insurance or responsible parties.
- Trial: In the event that settlement is not possible, the case is tried.
Most cases settle before trial, but both avenues must be prepared for.
How Wrongful Death Is Not Criminal Cases
Some families do not understand the difference between wrongful death and criminal charges. They are not the same.
- Criminal case: By the state. Calls for jail or fines against the offender.
- Wrongful death case: By family. Seeks dollars in damages.
Either or both can be at the same time. For example, a drunk driver could be criminally prosecuted and sued for wrongful death.
Why Wrongful Death Claims Matter
No case can bring back a lost loved one. The claim does serve a greater purpose:
- Holds the negligent person responsible.
- Sends financial compensation to cover bills.
- Recognizes the emotional damage to the family.
- Prevents further harm by placing reckless behavior in the public eye.
- For some families, this is a healing step.
Family Advice for Considering a Wrongful Death Claim
Act quickly. Time restrictions apply.
- Turn in documents. Save police reports, hospital bills, and receipts.
- Don’t settle for less than you deserve. Insurance companies will attempt to pay you less than you deserve.
- Get help. Legal and emotional support can help guide you through.
- Choose the right attorney. Look for experience in pursuing wrongful death claims.
Frequently Asked Questions
- Who is legally entitled to file a wrongful death in Kansas City?
Spouses, children, and parents are first in line. If they pass away, siblings or children may sue. If no relatives, the court will appoint someone.
- What is the typical settlement for wrongful death in Missouri?
There isn’t a specific number. Settlements depend on medical expenses, lost wages, suffering, and unique aspects of the case. Lawyers are able to estimate from past cases and current laws.
- Are all wrongful death claims tried?
No. Most cases are settled out of court by negotiation. Trials are held only when parties can’t agree on a fair settlement.
- How long does it take to resolve a claim of wrongful death in months?
It varies. Some do in months. Others, especially longer ones, can take years. It is a matter of investigation, negotiation, and court calendars.
- Is one able to file a wrongful death if one has a criminal case as well?
Yes. A wrongful death claim and criminal charges are two distinct entities. Both can coexist without contradiction.
Final Thoughts
It is painful to lose a loved one. Wrongful death actions cannot make up for the pain, but can deliver justice and compensation. If your Kansas City family is faced with this dilemma, your first action is to know your rights and procedure. A professional Kansas City personal injury attorney will guide you through it and fight for the compensation that your family is entitled to.
