Wrongful Death and Legal Compensation: A Guide for Kansas City Families

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It is not easy to lose a loved one. Losing them as a result of someone else’s mistake is worse. This, when it happens, the law refers to as “wrongful death.” Kansas City families can seek legal recourse for aid in the event of such loss. Consult an experienced Kansas City Wrongful Death Lawyer to learn more. This guide outlines what wrongful death is, how one can make a claim, and what to expect in Kansas City.

What Is Wrongful Death?

Wrongful death is when someone died because another person or company was careless. It might be an auto accident, medical mistake, factory accident, or faulty product. If the individual would have lived, then it is wrongful. Wrongful death laws allow certain family members to seek money from the party or organization that caused the loss. The laws are meant to help a family recover from a tragic loss. The laws also help in holding careless people or groups accountable.

Who Can Sue for Wrongful Death?

In Missouri, the following individuals can sue:

  • Spouse
  • Children (including adopted children)
  • Parents
  • Grandchildren (in case the child has also died)

If they are all deceased, a relative or court-appointed agent can bring the claim. There is only one claim for each death, but several people may be included in the case. Eligible relatives can make a group statement or can appoint a single person to speak on behalf of the group.

What Can You Recover in a Wrongful Death Claim?

The law permits families to request money. The money is not a reward. It pays for actual losses such as:

  • Funeral and burial expenses
  • Medical expenses prior to death
  • Lost income the individual would have made
  • Pain and suffering prior to death
  • Loss of society and care

In some cases, there is money that will punish the responsible individual or group, referred to as “punitive damages.” Courts also think about the future of the family. If the dead person helped raise children, paid bills in the home, or gave emotional support, those are losses as well.

How to Prove Wrongful Death

To succeed on a case for wrongful death, you must prove these facts:

  1. A person has passed away.
  2. The death was caused by another’s mistake or negligence.
  3. The estate or family suffered loss because of death.
  4. The party bringing the claim is entitled to do so under the law.

This takes you to have concrete proof. Lawyers typically compile reports, interview witnesses, and hire experts. Sometimes photos or videos can help determine what happened. Police reports, medical history, and employment records are typically used as proof. The goal is to build a clear-cut and simple-to-follow case that shows fault.

How Long Do You Have to File

In Missouri, it is three years from the date that he or she passed away. If you wait too long, you may lose your claim. This is called a “statute of limitations.” There are practically no exceptions. Even if you are not certain that you should make your claim, get advice from an attorney as soon as possible. Waiting too long can harm your case.

The Legal Process Step-by-Step

  1. Consult with a lawyer – This first step tells you if you have a case.
  2. File the claim – This will start the legal process.
  3. Collect evidence – Lawyers gather proof and hire experts.
  4. Negotiation – Often, the opposing party will give money to settle.
  5. Court case – If a settlement is not made, the case may go to court.

Most cases are resolved prior to appearing before a court. A competent attorney makes the process less burdensome. They will walk you through every step and inform you of developments. It makes some families anxious to appear before the court. But many of these claims are resolved by private negotiations. This saves time, money, and anxiety.

How Kansas City Courts Handle These Cases

In Kansas City, wrongful death cases generally end up in Jackson County Circuit Court. Judges in the courts here work differently. A local attorney who has some experience knows how it is done in Kansas City. Each judge has a slightly different procedure. Knowing how these procedures work prevents delays. Your attorney ought to know the courthouse staff and local procedures.

Why Hire a Lawyer?

Wrongful death lawsuits are difficult. The other party is going to have lawyers who will attempt to settle for as little as they can. A reputable lawyer will:

  • Explain your rights
  • Process paperwork
  • Deal with insurance companies
  • Take it to trial if that is what it takes
  • Fight for fair compensation

Lawyers also deal with emotions. They are a middle man, so you can focus on healing while they deal with the case.

Finding the Right Lawyer

Look for someone with:

  • Experience dealing with wrongful death cases
  • Good reviews and references
  • Local knowledge
  • Clear fees (some work on “no win, no fee” basis)

Visit a couple of lawyers before you make a decision. Most offer free initial consultations. Ask questions. Make sure that you are heard and dealt with. It is a good idea to shop around. The right lawyer does matter.

Common Causes of Wrongful Death in Kansas City

Here are some common causes families file claims:

  • Car or truck accident
  • Medical malpractice
  • Defective products
  • Nursing home abuse
  • Workplace accidents

In car cases, the driver is perhaps intoxicated, inattentive, or driving fast. In medical cases, doctors perhaps missed evidence or treated unhealthily. In workplace accidents, security measures perhaps weren’t followed.

Advice for Families After a Loss

  • Hold your records (hospital billing, accident reports, etc.)
  • Don’t speak with insurance companies without the advice of a lawyer
  • Don’t use social media about the case
  • Talk with a lawyer earlier

Also, write down memories and details as they are:

  • They will be helpful to your case later.
  • Save a folder of critical documents in one safe place.

What to Expect From a Settlement

Every case is different. Some settle for thousands. Others settle for millions. It depends on things like:

  • Age of the individual who died
  • How much they earned
  • Medical bills
  • The facts of the case

Insurance coverage is also necessary. If the person or company has little coverage, the payment might be limited. No amount of money can mend hurt. But it might help with future needs.

Frequently Asked Questions About Wrongful Death in Kansas City

1. How much does it cost to file a wrongful death claim?

Most sought-after attorneys charge a “contingency fee.” This means you don’t pay unless they win and bring money to you.

2. How long does a case for wrongful death take?

Some take a matter of months. Others take more than a year. It really depends on the facts in the case and whether a settlement occurs.

3. Can a friend file the claim if family members do not survive?

If there is no direct family remaining, a court can allow someone else to file it. An attorney can be of assistance.

4. What if the person who committed the killing didn’t mean to?

Doesn’t matter. If the person was negligent and caused a killing, the family can still sue.

5. Can I sue if the person had already been charged in criminal court?

Yes. A civil lawsuit is not a criminal lawsuit. You can sue even if there is a criminal lawsuit.

Final Thoughts

Wrongful death lawsuits help Kansas City families to be vindicated. It will not bring your loved one back, but it will help you find peace and support. These actions are not easy, but you don’t have to endure them alone. A knowledgeable personal injury lawyer in Kansas City can be your voice. If you have questions, don’t be afraid. The sooner you move forward, the better your chances of a strong case.

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