Contents
- 0.1 What constitutes a wrongful death?
- 0.2 Who Can File a Wrongful Death Claim in Missouri?
- 0.3 What Can You Be Paid For?
- 0.4 How a Kansas City Lawyer Can Help
- 0.5 Why Local Lawyers Matter
- 0.6 Common Causes of Wrongful Death in Kansas City
- 0.7 How Long Do You Have To File a Claim?
- 0.8 What Proof Do You Need?
- 0.9 How Do You Show Someone Was At Fault?
- 0.10 How Are Damages Counted?
- 0.11 Do All Cases Go to Court?
- 0.12 What If Death Happened at Work?
- 0.13 Can You Sue a Doctor or Hospital?
- 0.14 What If the Deceased Person was Absolutely at Fault?
- 0.15 What Should You Do Right Away?
- 0.16 How Much Does a Lawyer Cost?
- 0.17 What Happens in a Wrongful Death Lawsuit?
- 0.18 Why Time Matters in These Cases
- 0.19 How Do You Find the Right Lawyer?
- 1 Wrongful Death and Criminal Charges
- 2 The Essentials
- 3 FAQs
What constitutes a wrongful death?
Wrongful death exists when one person has died due solely to the actions of another. This means the person could die from a, This could be from:
- A car crash
- A medical mistake
- Unsafe work conditions
- A faulty product
If this happens, the family may have the right to take legal action. The goal is to seek justice and get financial support.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law decides who can file. This usually includes:
- A spouse
- Parents
- Children
If those people are not alive, the court may allow:
- Brothers or sisters
- A court-appointed person to file on behalf of the estate
An affordable and experienced personal injury lawyer in Kansas City can explain your rights and help you file the claim correctly.
What Can You Be Paid For?
If the court agrees someone is to blame, you may get money for:
- Funeral and burial costs
- Medical bills from the injury
- Pain and suffering before death
- Lost wages the person would have earned
- Loss of love, support, and care
This money can’t bring your loved one back, but it can help your family move forward.
How a Kansas City Lawyer Can Help
A wrongful death case is hard to handle on your own. The process involves:
- Collecting records
- Speaking to witnesses
- Dealing with insurance
- Filing legal papers
- Meeting court deadlines
A skilled personal injury lawyer takes care of these tasks and does all the legal paperwork. This gives you space to grieve and focus on family.
Why Local Lawyers Matter
Kansas City lawyers know the area. They:
- Understand local courts
- Know how judges think
- Are familiar with nearby hospitals and police
- Know the best experts to help your case
Having someone local can make your case stronger and faster.
Common Causes of Wrongful Death in Kansas City
Many wrongful deaths in this area come from:
- Speeding or reckless drivers
- Drunk driving
- Medical mistakes
- Unsafe work tools
- Poor care in nursing homes
- Faulty parts or products
If you believe someone else’s bad choice caused a death, talk to a lawyer soon.
How Long Do You Have To File a Claim?
In Missouri, you have three years from the date of death. If you miss this window, your case may be thrown out. Don’t wait too long. It takes time to build a case.
What Proof Do You Need?
A strong case needs:
- Medical reports
- Police or accident reports
- Photos or videos
- Expert opinions
- Witness statements
- Work records
Your lawyer will know what to collect and how to use it.
How Do You Show Someone Was At Fault?
Your lawyer must show four things:
- The person had a duty to be careful.
- They broke that duty.
- Their actions caused the death.
- The family suffered a loss because of it.
Each part matters. Miss one, and your case may not work. That’s why legal help is key.
How Are Damages Counted?
Every case is different. The court will look at:
- The victim’s job and pay
- Age and health
- Costs for care before death
- Funeral and burial costs
- Impact on loved ones
A lawyer will use these details to ask for fair payment.
Do All Cases Go to Court?
No. Many settle outside of court. That means both sides agree on a deal. If the other side won’t be fair, then your lawyer may go to trial. Either way, you need a lawyer who’s ready to fight for you.
What If Death Happened at Work?
If your loved one died while working, the case may involve:
- Workers’ compensation
- A wrongful death suit
It depends on who caused the injury. If a third party (not the employer) is to blame, you can sue them. Talk to a lawyer to see what fits your case.
Can You Sue a Doctor or Hospital?
Yes. If the death came from a medical mistake, you may have a case. This includes:
- Missed or late diagnosis
- Bad surgery
- Wrong drugs
- Poor aftercare
Medical cases need expert opinions. A lawyer can help you get those.
What If the Deceased Person was Absolutely at Fault?
Missouri law gives you the right to file a claim. Missouri uses “pure comparative fault.” This means you might get less money, but you get to win. If your loved one was 20% at fault, your award reduces his or her award by 20%.
What Should You Do Right Away?
After a wrongful death:
- Get a copy of the death certificate
- Save all paperwork
- Write down everything you remember
- Collect contact info from witnesses
- Contact a wrongful death lawyer
Fast action helps protect your rights.
How Much Does a Lawyer Cost?
Most personal injury lawyers don’t charge upfront. They work on a contingency fee. This means:
- No payment unless you win
- Their fee is a part of the money you receive
- No cost if the case fails
Always ask about fees in your first meeting.
What Happens in a Wrongful Death Lawsuit?
The steps are:
- Meet with a lawyer
- File the claim
- Collect evidence
- Try to settle
- Go to trial if needed
Your lawyer will guide you through each stage.
Why Time Matters in These Cases
Waiting too long can hurt your case. Witnesses may forget. Records may get lost. And the three-year limit can sneak up on you. The sooner you call a lawyer, the better your chances.
How Do You Find the Right Lawyer?
Look for someone who:
- Has handled wrongful death cases
- Knows Missouri law
- Can explain things in plain language
- Answers your calls and questions
- Treats you with care
Many offer free talks. Use that to ask about their past cases and how they’d handle yours.
Wrongful Death and Criminal Charges
A wrongful death lawsuit is different from criminal charges. One involves money to compensate the family; the other has to do with jail time or fines for the person that caused the death. Both can be pursued simultaneously.
The Essentials
There is no reason to allow the death of a loved one to go unanswered. If someone caused that death, they must be held responsible for it. A skilled local Kansas City wrongful death attorney can advocate for your family and help you achieve some comfort and support.
FAQs
1. Who can bring a wrongful death lawsuit in Kansas City?
Typically, a spouse, child or parent might bring a wrongful death lawsuit although someone else may be able to bring a wrongful death action if there is no immediate family member available.
2. What is the time limit to bring a wrongful death lawsuit?
In Missouri, there is a 3 year time limit to bring a wrongful death lawsuit from the date of death.
3. Can we win a wrongful death lawsuit if my loved one was negligent or at fault, even if only in part?
Yes, in Missouri, you can recover in a case like this regardless of negligence and fault.
4. What is the cost to hire a wrongful death attorney?
Most attorneys that handle wrongful death cases will accept payment contingent fee practices. This means they will only get paid if you get paid.
5. What should we do first after a wrongful death?
You should hire a wrongful death attorney in your area ASAP.