Wrongful Death Isn’t Just Tragic — It’s Actionable: Hire a Kansas City Personal Injury Lawyer

Understanding Wrongful Death
Dying too early is terrible. When that happens due to someone else’s careless or harmful behavior, it is wrongful death. It means that someone died as a result of another person’s carelessness, not accidentally or naturally.
Most common causes of wrongful death are:
- Car accidents due to inattentive drivers
- Medical errors during surgery or treatment
- Abandoned or dangerous property
- Employer negligence causing workplace injury
Kansas City wrongful death is more than a tragedy. Kansas City law provides families with a means of recovering from the individual who caused the death to compensate them and sue for damages. You can sue to obtain financial assistance for your loss and to stop it from occurring again to others.
Who Can Bring a Wrongful Death Action
Not everyone has standing to sue for wrongful death. Missouri and Kansas law determine who is entitled to sue.
In Missouri, the following individuals are allowed to file a wrongful death action::
- The surviving spouse
- Children or grandchildren
- Parents
- Brothers and sisters (only in case of lack of spouse, children, or parents)
In Kansas, a wrongful death suit is generally prosecuted by the administrator of the estate of the decedent on behalf of the closest family members, usually the spouse, children, or parents. It is important to know who qualifies because only they can file a damages suit. If you don’t know if you qualify to file a claim, a Kansas City wrongful death lawyer can counsel you.
Damages in a Wrongful Death Lawsuit
Money can’t bring back a loved one. However families can also receive compensation financially through damage in wrongful death proceedings. Common damages are:
- Funeral and burial costs
- Medical expenses incurred due to the injury or illness leading to(the cause of the) death
- Lost wages or earnings, the deceased could reasonably have expected to earn if given the opportunity and time to live
- Pain and suffering experienced by the family
Each case is unique. An attorney can help determine what damages apply to your case and fight for fair recovery on your behalf.
Time Limits to File a WD Claim
Every state has a time limit within which it can sue for wrongful death. Not meeting these deadlines will likely see you lose your right to sue. Missouri has 3 years but Kansas has 2 years from the date the person passed away. Because of these close time limitations, it is always advisable to have a wrongful death lawyer Kansas City as soon as possible.
Need a Kansas City Personal Injury Lawyer, Why?
Wrongful death cases are complicated. You have to navigate legal documents, insurers, and possibly aggressive adversity from the other party. This is more than you can manage when you are grieving.
A personal injury lawyer will:
- Gather the cause of death
- Take care of insurance companies for you
- Negotiate to obtain you the highest level of settlement
- Represent case in the court
A lawyer understands the law and procedure. They keep you from missing deadlines or information. Your success is enhanced by their experience, and your rights are protected.
Step-by-Step How a Wrongful Death Claim Works
- Consultation: The attorney hears the facts and discusses your options.
- Investigation: The attorney gathers evidence and takes witness statements to build your case.
- Filing the Claim: Your attorney files a complaint in court.
- Discovery: Facts and evidence are exchanged between parties. Your attorney will navigate this process.
- Negotiation: Many of the cases get settled out of court by negotiation with the defendant or insurance firm.
- Trial: In case there is no settlement, your case gets tried in court where it is resolved by a judge or jury.
- Compensation: You get damages in case you win to compensate for your losses.
Your lawyer takes you through each step, answering questions and keeping you informed on what is occurring.
Causes of Wrongful Death
Knowledge of typical causes can inform whether your loved one’s death is a claim.
- Car wrecks: The vast majority of wrongful fatalities result from careless or inattentive driving.
- Medical malpractice: Negligent doctors or hospitals can be sued.
- Workplace accidents: Employers who don’t provide safe work areas can be sued.
- Defective products: Certain products that at times are hazardous lead to lethal injuries.
- Hazardous property: The owners of the property have a duty to keep their property safe. If they fail to repair an unsafe condition, then it could possibly lead to a wrongful death.
If your loved one passed on due to these or related causes, it is likely that a wrongful death action can be taken.
What If There Were Multiple Parties At Fault
At times, there are more than one at fault. A road car accident, for example, will have both a driver and a faulty vehicle at fault. You can sue all the parties at fault in such a situation. Your lawyer will identify who is at fault and will attempt to hold all of them responsible.
What If the Dead Person Was Partially At Fault?
Missouri is a pure comparative fault jurisdiction. Kansas is a 50 percent reduced comparative fault state. If the decedent is 50 percent or greater at fault there can be no recovery.
Frequently Asked Questions (FAQs)
Q1: How long do wrongful death cases take?
Most of these run 1-2 years, but longer where there is complexity.
Q2: Can I still claim if the offending person is not insured?
Yes. Your lawyer can seek alternative avenues for recovering compensation, such as suing the person personally.
Q3: Will I take my case to court?
Most cases resolve through settlement. But in case of breakdown of negotiations, your lawyer will fight for you in court.
Q4: What is the cost of hiring a wrongful death lawyer?
Most attorneys work on a contingency fee arrangement. You only pay if you win your case.
Q5: What is required for a wrongful death lawsuit?
Medical records, police reports, witness statements, and expert opinions are usually employed.
Endnote
Speak with a qualified Kansas City personal injury lawyer today. They can provide you with a free consultation, answer your questions, and start the legal process. Your loved one deserves justice. You deserve answers and assistance. Suing for wrongful death is how you keep your loved one’s memory alive and ensure the future of your family. Don’t wait. Get help and stand strong.