What Kansas City Families Should Know About Wrongful Death Lawsuits
The loss of a loved one is never simple. If it happens because of someone else’s fault, it is even worse. Kansas City families who have to endure this are left bewildered. Consult an experienced personal injury lawyer in Kansas City for more details. This page informs you about what wrongful death is and what you can do about it.
What Is a Wrongful Death Lawsuit?
A wrongful death happens when someone dies due to another person’s carelessness or bad choices. It can be caused by car crashes, medical mistakes, unsafe work conditions, or even a crime. The lawsuit is filed by the family of the person who died. It helps cover costs and gives some justice. You’re not suing to bring someone back. You’re suing to hold the person or business responsible. Wrongful death suits are civil, not criminal. The guilty party can still be prosecuted criminally. But your suit is for helping your family get back on their feet.
Who Can Sue in Kansas City?
Only immediate family members may sue. That would include:
- The surviving spouse
- Children (even adopted children)
- Parents, if no spouse or child survives
If those individuals are not available, the court may allow someone else to file. Sometimes a sibling, grandparent, or personal representative of the estate may file. The court decides on a case-by-case basis who needs to file.
What Do Families Receive From a Lawsuit?
Money from a wrongful death lawsuit may be used for:
- Funeral and burial costs
- Medical bills from before the person’s death
- Lost income that the person would have earned
- Pain and suffering (yours, not the decedent’s)
- Loss of companionship or support
The court may also award damages for loss of guidance, care, or support in the future the person would have given. Even grass cutting or homework assistance counts. Every case is different. The court looks at many factors in deciding how much to give. Your lawyer will help prove how your family has been harmed by the loss.
How Long Do You Have to File?
You have three years from the date of death to file a wrongful death action in Missouri. Miss it and you likely lose your chance to file. Don’t wait too long. It’s okay to talk to a lawyer earlier rather than later, even if you are still grieving. The attorney can start making arrangements to investigate facts while you recover.
Common Causes of Wrongful Death in Kansas City
The most common reasons people file these claims are:
- Car crashes caused by negligent or drunk drivers
- Truck accidents caused by driver error or the failure to properly maintain the vehicle
- Medical malpractice like the wrong medication or surgical errors
- On-the-job accidents caused by hazardous work conditions or equipment
- Abuse in nursing homes that leads to deadly falls or infections
Others may be fires, faulty products, and even dog bites. Any negligent act that leads to death can lead to a claim.
Proving a Wrongful Death Case
To win, you must show:
- Someone had a duty to act with care.
- They violated that duty.
- The violation led to the death.
- The family members suffered as a result.
This can include collecting records, depositions of witnesses, and expert testimonies. This can be accomplished by using an attorney. Experts can be asked by your attorneys to inform them about what went wrong. They can be doctors, accident reconstruction specialists, or economists. Their input helps to establish your case.
Should You Hire a Lawyer?
Yes. Wrongful death cases are complex. You must prove your case beyond certainty. Insurance companies may fight you. A lawyer knows the laws, the legal process, and how to fight them. Good lawyers normally work on “contingency.” That is, they don’t get paid unless you win. The lawyer will file papers, uncover facts, and negotiate with the other party on your behalf. That lets you care for your family while they handle what’s required to win your case.
How Long Do Cases Last?
It depends. Some settle in a matter of months. Others go to trial and take years. Most settle outside of court. Your lawyer will try to obtain a fair settlement as soon as possible. If the case is simple with uncontested facts, it can settle very quickly. If the case is complex or involves a large amount of money, it can take much longer.
Will You Have to Go to Court?
Not always. Most are settled with a private settlement. But if the other side refuses to give you a decent sum, your lawyer might bring it to court. If you do need to go to trial, you might need to testify. Your lawyer will prepare you so you’ll know what to expect. Most cases don’t go that far.
What If the Person Who Died Helped Cause the Accident?
Missouri is a “pure comparative fault” rule. What this means is that even if your loved one was partially at fault, you can still recover money. The award simply gets diminished by the percent they were at fault.
For example, if your loved one was 20% at fault, you could still recover 80% of the total amount. That rule allows a lot of families to recover even when the facts are not entirely clear-cut.
FAQs about Kansas City Wrongful Death Lawsuits
1. Can I file a case of wrongful death if the victim passed away instantly?
Yes. Even when the loved one would have died at the scene, you can still sue. The principle remains to establish that the death was caused due to another’s fault.
2. What if the at-fault person is dead?
You may potentially sue against their estate. This allows for their property, money, or insurance to still be used to satisfy the claim.
3. Do I need a death certificate in order to sue?
Yes. The court will need proof that the person has died. This is usually the death certificate. You can get this from the health department.
4. What if the person who died was not working?
That’s okay. You can still recover money for pain, loss of support, and funeral bills. Even parents who work at home provide value that can be calculated.
5. Can I still file if the death did not take place in Kansas City?
Yes, if the victim resided in Kansas City or if the person whose negligence caused the death resides or works there. Your lawyer will be aware of where to file, based on the facts.
Final Thoughts
The death of a loved one is one of the hardest times in life. A wrongful death claim can assist with expenses and provide some level of closure. The lawsuit will not undo the harm. But it can provide your family with what it needs to be able to move forward. It can also hold accountable the person responsible for the death. If you feel that someone caused your loved one’s death, talk with a local Kansas City Wrongful Death Lawyer. They will guide you and fight to defend your rights. Don’t wait. The sooner you act, the higher your chances of getting justice.