Losing a loved one is one of the worst experiences in life. When it occurs due to someone’s negligence, it is even more painful. Outrage accompanies sorrow. You deserve answers, justice, and accountability. Kansas City families deserve to make the negligent party pay.
A wrongful death claim can help you recover justice and compensation for financial damages. A skilled personal injury attorney near me in Kansas City can guide you through this court process. This page explains how the cases are processed, what happens, and why you will need the services of an attorney.
What Is Negligence?
Negligence is when the other party failed to exercise reasonable care. Their failure to care caused harm or killed another person. It can happen in many ways.
Some of them are:
- A vehicle running a red light
- A doctor who commits an unavoidable mistake in your loved one’s treatment
- An employer with no mandatory safety equipment
- A store with a clear picture of dangerous conditions
- A company that offers a faulty product
If this act led to the death of your loved one, you are entitled to sue for wrongful death under law.
Kansas City Wrongful Death Claims
A claim of wrongful death requires restitution or compensation from the perpetrator.
It may offer a remedy both monetary and emotional.
Damages that may be possible:
- Wages and benefits of the deceased individual’s loss
- Costs of death
- Loss of love, guidance, and companionship
- Pain and suffering of the surviving family members
- Kansas City is situated on the state line.
Kansas and Missouri have differing wrongful death laws. A skilled lawyer can advise under which law your case would be.
Who May Sue for Wrongful Death?
The law restricts who can file this kind of suit.
In Missouri:
Spouses, kids, and parents are first in line with the lawsuit. If there are no such individuals, brothers or sisters or other close relatives might get their chance.
In Kansas:
Any “heir at law” may bring a lawsuit. This is usually a spouse, child, parent, or brother or sister. An attorney will check your qualifications and explain your status in the case.
Why Hire a Kansas City Personal Injury Lawyer?
A wrongful death claim is not straightforward. It entails strict rules, timelines, and meticulous evidence.
A lawyer can:
- Investigate the deceased person’s death
- Read accident and medical reports
- Consult experts to determine fault
- Take witness depositions
- Approximate reasonable compensation
- Negotiate with insurance companies
- Represent you in court, as needed
The other side could have nasty legal representation. Having an experienced attorney of your own makes things even.
The Legal Process in Simple Steps
Every case is different, but they all follow pretty much the same track:
Free Consultation
You meet with the attorney to explain your situation and have your questions addressed.
Case Investigation
The attorney takes statements, documents, and expert reports.
Filing the Lawsuit
The attorney files documents in the right court within the time limit.
Negotiation
Settlement usually comes through lawyer negotiations.
Trial
When settlement negotiations fail, the suit goes to trial, and the judge or jury decides.
Compensation You Can Recover
The goal is to reimburse for economic loss and recognize emotional distress.
Damages you might recover are:
- Medical expenses up to the time of death
- Funeral and burial costs
- Lost income and future earnings
- Loss of benefits like health insurance or pensions
- Loss of guidance and companionship
- Pain and suffering
A lawyer can provide an estimate of a reasonable worth for your claim based on evidence and similar cases.
Proving Negligence
In order to succeed in a wrongful death lawsuit, you need to establish four things:
Duty of Care
The person or company had a duty to be cautious.
Breach of Duty
They violated that duty.
Causation
Their violation of duty killed your loved one directly.
Damages
Death caused economic and emotional damage.
Police reports, photos, video, medical records, and expert witness testimony are samples of evidence.
How Long Do You Have to File?
Time limits are placed on the law by the “statutes of limitations.”
In Missouri:
You generally have three years from the date of death.
Kansas:
You generally have two years from the date of death.
Being behind schedule will kill your case before it can even get started. A lawyer ensures your claim is filed on time and helps in the legal process.
How State Laws Differ
Iowa and Missouri both encompass the Kansas City metropolitan region, but their wrongful death laws are different.
Damage Caps
Kansas does limit some damages. Missouri does not for most claims of wrongful death.
Who Can Sue
We all have our own needs as to who can file a claim.
Time Limits
Kansas typically has two years. Missouri has three.
Emotional Support Throughout the Process
A wrongful death case is not just about money. It’s about justice, closure, and stopping other people from getting hurt.
Most lawyers can refer families to:
- Support groups
- Counseling services
- Financial planners
These services can help you adapt to this as the case unfolds.
Choosing the Perfect Lawyer
Look for the following traits:
- Aiding in wrongful death cases
- Knowledge in Kansas and Missouri law
- Trial experience if negotiations between lawyers fail to resolve the case
- Effective communication
- Sympathy and understanding towards the bereaved families
Ask for a free consultation before making a choice.
Guidelines in Preparation for Your First Meeting
Get as much information as possible:
- Death certificate
- Medical background
- Police or accident reports
- Witness contact information and phone numbers
- Any photo or video concerning the accident
This enables the attorney to learn about your case and start building a strategy.
What to Expect When Negotiating
Insurance companies will try to make you an offer that is lower than what you deserve. A lawyer will review offers and decide whether or not they are reasonable. If need be, they can negotiate for more money or sue. Negotiations will take weeks to months. The goal is a settlement that reimburses you for your financial and emotional loss.
Why Speeding Up is Important
Evidence erodes over time. Witnesses forget. Physical evidence gets lost. Having an experienced local Kansas City Wrongful Death lawyer early in the accident protects your case.
FAQs
1. Can I afford to hire a Kansas City personal injury attorney?
Most of them work on a contingency fee basis. You don’t pay unless they win your case.
2. What if the person responsible for the death is being prosecuted on a criminal basis?
You are still able to bring a civil action for wrongful death, separate from the criminal prosecution.
3. Can more than one member of the family sue for wrongful death?
Yes, but the court will join the actions in one suit.
4. How long does a Kansas City wrongful death case take?
It can take months or years, depending on negotiations and complexity.
5. Do I need to show up in court?
Not always. Most settle out of court.