Losing someone we love hurts. Losing them because of someone’s mistake hurts even more. You may be bewildered if you are reading this. Angry. Confused. You may be asking yourself, “What now?” Wrongful death takes place when someone dies as a result of another person or company acting in a negligent manner. Examples in Kansas City include accidents caused by motor vehicles, medical mistakes, work accidents, or faulty products. You don’t need to endure this alone. A skilled personal injury attorney in Kansas City can help your family. They can help you file suit against the perpetrator.
What Constitutes Wrongful Death in Kansas City?
Wrongful death is when someone died due to someone else’s negligence or mistake. It does not have to be purposeful. If the company or individual did not behave responsibly, and it resulted in a fatality, it might be covered.
Some examples include:
- A drunk driver hits a pedestrian.
- A doctor gives the wrong medication.
- A worker dies due to hazardous workplace conditions.
- A store doesn’t fix a faulty staircase, and someone falls and perishes.
If that’s the situation with your case, you can likely file a wrongful death claim.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law is restricted to certain people filing. They are:
- The surviving spouse of the deceased.
- The decedent’s children.
- The parents of the deceased.
If none of those people are alive, the surviving siblings or the court-appointed representative may be able to file. Each case is different, so you can hire a lawyer to see if you can sue.
What Can a Lawyer Do For Your Family?
You’re shocked. You have bills to be paid. You may lose a paycheck. A wrongful death lawyer works through the legal process so you can focus on healing.
Here’s what they do:
- Investigate the crash.
- Obtain evidence like medical bills and police reports.
- Interview witnesses.
- Negotiate with the other side’s lawyers or insurance company.
- Plead documents to court.
- Help you figure out what your case is worth.
- Negotiate for a fair settlement or sue if that’s what’s necessary.
What Can You Be Paid For?
The law in Missouri lets families ask for money to cover:
- Medical bills before death.
- Funeral and burial costs.
- Lost wages the person would have earned.
- Pain and suffering the person went through.
- Loss of care, love, and support for the family.
Every case is different. A lawyer can help you calculate the amount you may get.
See also: Top Reasons to Consult a Homicide Defense Lawyer Early in Your Case
What Is The Deadline To File?
Under Missouri Law, a wrongful death lawsuit must be filed 3 years from the date of the death. If you do not file your wrongful death lawsuit before the 3 year deadline, the judge can dismiss your case. Do not wait too long to contact an attorney. We recommend that you call and schedule an appointment as early as possible.
What If You Cannot Afford To Pay For An Attorney?
Most personal injury attorneys in Kansas City take cases on a contingency fee basis. That means:
- You don’t pay anything up front.
- They only receive payment if you win the case.
- Their fee is deducted from money that you win.
This setup makes it easier for families to get justice, even if they don’t have money saved.
Why Having a Local Kansas City Attorney Matters
Local skilled personal injury attorneys in Kansas City know the judges. They know the Missouri laws. They know the ways of insurance companies around here. This places you in a stronger position to get your case. Local attorneys can also sit down and speak with you face to face. They will go out and examine the accident site. They can act fast if the other party is going to cover up evidence.
How Long Will the Case Take?
It is case-dependent. Some are done in a few months. Others are over a year. The following affect the duration:
- How conspicuous the fault is.
- The sum of money concerned.
- The willingness or not of the other side to settle.
A competent lawyer will update you and try to get things underway without compromising.
What You Can Expect From the Legal Process
Here’s what usually occurs:
- Free consultation: You talk to an attorney about what happened.
- Investigation: The attorney investigates the case and collects evidence.
- Filing: The attorney files a wrongful death action in court.
- Negotiation: The attorney talks to the other party to try for a reasonable settlement.
- Trial (if necessary): If there is no settlement, the case goes to trial.
You won’t be by yourself. Your attorney will guide you through every step.
How to Choose the Right Lawyer
Don’t just hire the lawyer you see in an ad online. Here’s what to ask:
- Experience: Ask how many wrongful death cases they’ve won.
- Past victories: Ask if they’ve ever won cases like yours.
- Plain talk: They should explain it in plain language.
- Empathy: You want someone who cares.
- No fees unless you win: Make sure it’s a contingency fee.
Interview a couple of lawyers before you make up your mind. Choose the one who listens to you.
Common Causes of Wrongful Death in Kansas City
Based on local records and news, these are some top causes:
- Car crashes (especially with drunk or distracted drivers)
- Motorcycle accidents
- Falls from unsafe stairs or broken railings
- Medical mistakes in hospitals or clinics
- Work accidents in construction or factories
- Truck accidents on highways like I-70 or I-435
No matter the cause, your family may have a case if someone else is at fault.
FAQs:
1. Is murder wrongful death?
No. Murder is against the law and handled by police. Wrongful death is a claim. It’s cash, not jail.
2. Can multiple people sue for wrongful death?
Yes. If there are a number of family members, they can join together or appoint a representative.
3. Can I sue a Kansas City hospital for wrongful death?
Yes, if the hospital or doctor was negligent and resulted in death, you may have a case.
4. If the killer also died?
You may still be able to sue their estate (whatever they owned), or their employer if they had one.
5. Do I need to go to court?
Not always. Most are settled prior to trial. But if you need to, your lawyer will advocate for you in court.
Being Here
Wrongful death ruins families. While no money can bring your loved one back to you, it can soften the blow. It can pay bills, replace lost income, and allow time to mourn. You don’t need to fight alone. An experienced Kansas City Wrongful Death Lawyer can help your family pursue answers and justice.
