Losing someone you love is hard. When that loss happens because of someone’s carelessness, it hurts even more. Kansas City personal injury lawyers help families find answers and seek justice. This page will explain how wrongful death claims work. You will see the steps a lawyer takes to guide you through this process.
What Is a Wrongful Death Claim?
A wrongful death claim happens when a person dies because of another’s neglect or wrongdoing. This claim is a civil lawsuit. It is different from criminal charges. The goal is to recover money to help the family with costs and loss.
These claims can come from many causes, like:
- Car wrecks
- Truck crashes
- Medical mistakes
- Falls on unsafe property
- Defective products
- Workplace accidents
A Kansas City personal injury lawyer knows the local laws. They can file the right papers on time and help you understand your rights.
Who Can File a Wrongful Death Claim in Kansas City?
Not everyone can file a claim. Missouri law limits who can bring the case.
The first group who can file includes:
- The spouse
- Children or grandchildren
- Parents of the deceased
If none of these people are alive or able to file, a sibling or their children may file. When there is no family in these groups, the court may appoint a “plaintiff ad litem.” This is someone who files the claim for the person’s estate. A lawyer helps decide who should file. They can explain this in simple terms and make sure the claim is valid.
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What Compensation Can Be Recovered?
Money cannot replace a life. Still, compensation can help ease the burden.
In Kansas City, wrongful death compensation may cover:
- Funeral and burial costs
- Medical bills tied to the person’s last injury or illness
- Loss of income the deceased would have earned
- Pain and suffering felt by the deceased before death
- Loss of companionship, care, or support
Each case is different. The lawyer will review records, bills, and other proof to show the full loss.
How a Lawyer Starts the Process
The first step is a meeting. You share your story and any records you have. This may include:
- Police reports
- Medical records
- Death certificates
- Photos or videos
- Witness statements
A Kansas City personal injury lawyer listens carefully. They explain if you have a strong case and what steps come next.
If you agree to work together, the lawyer begins a full investigation. They may:
- Visit the accident scene
- Talk to witnesses
- Gather expert opinions
- Collect all records and evidence
The lawyer then files the lawsuit in the right court before the deadline, called the statute of limitations. In Missouri, you usually have three years to file from the date of death.
Proving Negligence
To win a wrongful death case, you must prove negligence. That means showing:
- The other party had a duty of care.
- They broke that duty.
- That breach caused the death.
- You suffered damages because of it.
For example, if a driver was texting and caused a fatal crash, that is negligence.
Your lawyer works to prove all four parts. They may use accident reports, expert testimony, and other evidence.
Settling or Going to Trial
Most wrongful death claims settle before trial. A settlement means the other party or insurance company agrees to pay an amount. If no fair settlement happens, the case goes to trial. The lawyer presents your case before a judge or jury. Kansas City lawyers are prepared for either path. They will advise you about risks and benefits.
How Lawyers Support Families
Beyond legal process work, a good lawyer supports families through grief and stress. They handle:
- Calls and letters from insurance adjusters
- Court filings and deadlines
- Complex paperwork
This lets you concentrate on healing and caring for your family.
Why Use a Kansas City Personal Injury Lawyer?
Kansas City lawyers will understand local courts and judges. They know the prenable Missouri laws related to wrongful death. They know how insurance companies operate and that will help them fight to get you just compensation. Having a local lawyer is helpful when you have question. You can meet face to face and establish some level of trust.
What to Take to the First Meeting
When you first meet with your lawyer, you should take with you any records you have. Typical things to bring would be:
- The death certificate
- Accident reports
- Medical bills
- Insurance letters
- Pay stubs or tax returns (to show lost income)
If you don’t have everything, that is okay. Your lawyer can help collect what’s missing.
Costs and Fees
Many Kansas City wrongful death lawyers work on a contingency fee. This means:
- You pay nothing upfront.
- The lawyer only gets paid if you win money.
- Their fee comes out of the settlement or verdict.
This helps families avoid more financial strain.
Always ask your lawyer to explain their fee agreement in writing.
Common Causes of Wrongful Death in Kansas City
Wrongful death claims often arise from:
- Car crashes on highways like I-70 and I-435
- Truck accidents on busy freight routes
- Falls in unsafe buildings
- Medical errors in hospitals
- Construction site accidents
A lawyer will know how to handle each type of claim.
How Long Does a Case Take?
The time depends on many factors:
- How clear the facts are
- How willing the insurance company is to settle
- The court’s schedule
Some cases resolve in months. Others take over a year.
Your lawyer will update you as things move forward.
Emotional Support and Resources
Wrongful death claims bring up painful feelings. A caring lawyer understands this. They may suggest counselors, grief groups, or other help. While the claim moves through the system, you are never alone.
Final Thoughts
Kansas City personal injury lawyers assist families during heavy times. They advocate for justice and fair compensation. If you lost a loved one as a result of someone else’s negligence, you have rights. Talking to an experienced Kansas City Wrongful Death Lawyer will assist you in knowing what your options are and what you need to do next to heal.
Maximize Your Wrongful Death Case
1. How long do I have to file a wrongful death case in Missouri?
You have three years from the date of death to file a case, passed that date, you will likely at best have no chance of compensation at all.
2. Do I have to pay a lawyer before you file a case?
Most cases, lawyers will do a contingency fee so there are no upfront costs and you only pay if you win.
3. What if my loved one was partially at fault?
Missouri has a pure comparative fault rule, which means that yes, your loved one may have been partially at fault through some negligent conduct, but you would still be able to recover some money, and then your awarded amount would be reduced according to the percentage of fault attributed to your loved one.
4. Can more than one person pursue the claim?
In most cases, it is likely that you would only have one person that would pursue the claim on behalf of the family. The lawyer will help you decide who that should be.
5. What should I do as soon as possible after the wrongful death?
You should document everything, do not talk to any insurance adjusters without a lawyer present, and you should seek to retain a lawyer as soon as possible.
