Losing a loved one is hard. When someone else causes that loss, the pain runs deeper. Kansas City families face tough questions after a wrongful death. What can be done? Who can help? This guide breaks it down.
What is Wrongful Death?
Wrongful death happens when someone dies due to another person’s fault. It could be a car crash, medical mistake, or unsafe product. The law lets certain family members ask for money to cover the harm done. In Missouri, the law is clear. If someone’s carelessness caused the death, the family can file a lawsuit. These cases often come from:
- Car or truck accidents
- Dangerous property
- Medical mistakes
- Work injuries
- Defective products
Each case is different. What matters most is proving fault. This means showing that someone failed to act with care, and that failure led to death.
Who Can File a Wrongful Death Claim in Kansas City?
Not everyone can file. Missouri law gives that right to close family members.
First in line:
- Spouse
- Children (or grandchildren if the child is also gone)
- Parents
If none of these apply:
- Siblings can file
- If no family, a court can pick someone
This system makes sure someone speaks for the person who died. The person filing becomes the “plaintiff” in court.
What Can You Get in a Wrongful Death Claim?
Money won’t bring someone back. But it can help ease the burden. A wrongful death case may include:
- Funeral and burial costs
- Medical bills before death
- Lost wages the person would have earned
- Pain and suffering of the family
- Loss of companionship and support
Sometimes, juries also award “punitive damages” to punish bad behavior. These are rare and only happen in extreme cases.
How Long Do You Have to File?
You have time, but not forever. Missouri gives you three years from the date of death. That might seem like a lot. But cases take time. Evidence fades. Witnesses move. It’s best to act early. Some cases might have even shorter limits. If a government agency is involved, rules can change. A lawyer can explain the exact deadlines.
Why You Need a Personal Injury Lawyer in Kansas City
Wrongful death cases are tough. They need strong proof. You have to show the other person caused the death. Insurance companies fight hard to pay less. A local experienced Kansas City personal injury lawyer knows the laws. They handle tough talks with insurers. They build your case while you grieve. They gather records, talk to experts, and deal with court filings. You should be focused on healing. Let a lawyer deal with the stress.
What Makes Kansas City Lawyers Different?
Local lawyers know local courts. They understand how judges rule here. They often know the other side’s lawyers. That helps your case. They’re also close to you. That means easy meetings and better trust. You don’t have to travel far. Some even come to you if needed. Many Kansas City firms work on a contingency fee. That means you pay nothing unless they win. It removes the risk for grieving families. It also means your lawyer will fight hard, because they don’t get paid unless you do.
What Happens During a Case?
- Free consultation: You meet with the lawyer. They review the facts.
- Investigation: The lawyer gathers facts, talks to witnesses, and collects records.
- Filing: They file the lawsuit if needed.
- Negotiation: Many cases settle out of court. Your lawyer pushes for a fair deal.
- Trial (if needed): If no fair deal is offered, your lawyer fights in court.
Most cases settle. But the best lawyers prepare for trial from day one.
Tips to Help Your Case
- Save all records: hospital bills, police reports, emails.
- Write down memories or facts while they’re fresh.
- Don’t post details online.
- Avoid talking to the other side’s insurance.
- Follow your lawyer’s advice.
- Get grief support. It helps you and your case.
Being honest with your lawyer also helps. They need all the facts to protect you.
Common Mistakes to Avoid
- Waiting too long
- Trusting the other side’s insurance
- Taking a quick payout
- Not hiring a lawyer
- Talking to others about your case
These mistakes can cost you time and money. Some can ruin your case. Play it safe. Speak to a lawyer first.
Real Stories, Real Loss
Many families in Kansas City have faced this pain. A mother lost her son in a crash. A husband lost his wife due to a hospital’s mistake. These are not just stories. They’re real people seeking fairness. A good lawyer listens. They learn your story. They help you speak up when it feels too hard.
What to Ask During Your First Meeting
- Have you handled cases like mine?
- What results have you had?
- What should I do right now?
- What will this cost me?
- How will we stay in touch?
A lawyer should answer clearly. If they don’t, keep looking.
FAQs About Wrongful Death in Kansas City
1. Can I sue if my loved one died in a car accident caused by a drunk driver?
Yes. If someone caused the crash, you may have a wrongful death claim. Drunk driving is clear proof of fault.
2. What if the person who died didn’t have a job?
You can still sue. The law looks at more than income. Loss of care, support, and love matters too.
3. Do I need to go to court?
Not always. Many cases settle out of court. But your lawyer will prepare in case you do. The other side will know you’re ready.
4. How much does it cost to hire a wrongful death lawyer?
Most work on a contingency fee. You pay nothing unless they win. Ask at the start so there’s no surprise.
5. What if the death happened at work?
It depends. You may file a workers’ comp claim or a wrongful death lawsuit. A lawyer can guide you.
Endnote
Some work deaths involve more than one type of case. If someone you love was taken too soon, talk to a Kansas City Wrongful Death Lawyer. They’ll help you understand your rights. You don’t have to go through this alone.
