There can be no greater suffering than losing someone we love. The pain is compounded if we lose someone we love because of someone else’s negligence. We can experience additional pain, confusion, and anger. When someone dies because of another person’s or entity’s careless act, the law categorizes it as “wrongful death.” You may have a legal claim. I hope this guide provides you with the information you may need to explore options, if you are looking for justice for your loved one in Kansas City.
What Is Wrongful Death?
Wrongful death happens when someone dies due to another person’s mistake or careless act. Common causes include:
- Car crashes caused by reckless or drunk drivers
- Medical errors by doctors or nurses
- Nursing home abuse or neglect
- Unsafe work conditions
- Defective or dangerous products
These cases often involve human mistakes. Sometimes it’s poor training. Other times, it’s a lack of safety rules. If your loved one died in one of these ways, you might have a case.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law is clear about who can file. Usually, it’s:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
If none of those are living or willing, then:
- A sibling may file
- Or another person can with court approval
Only one wrongful death lawsuit can be filed. If multiple people are eligible, they can join the same case.
What Damages Can You Claim?
“Damages” means the losses you suffer because of the death. In a wrongful death case, these may include:
- Funeral and burial costs
- Medical bills before death
- Pain and suffering before death
- Loss of income the person would have earned
- Loss of love, care, and companionship
- Value of household services the person gave
In some cases, you may also receive “punitive damages.” These punish the person or company for very bad behavior.
Do You Need a Lawyer?
Yes. Wrongful death cases are complex.
You’ll deal with:
- Insurance companies
- Strict deadlines
- Court rules
- Medical records and experts
A Kansas City lawyer can:
- Investigate the cause of death
- Collect and protect evidence
- File all paperwork
- Deal with the insurance company
- Take your case to court if needed
Without a lawyer, you risk losing your rights or getting less than you deserve.
How Long Do You Have to File?
In Missouri, you can file a claim within 3 years of the date of death. This is called the statute of limitations. You will lose the right to bring the claim if you pass this deadline. You do not want to be hurried. Any time you feel you will have a good case, you really want to take enough time to prepare the case correctly.
What If There’s a Criminal Case Too?
Sometimes the person who caused the death is also charged with a crime. That case is separate. You can file a wrongful death claim even if:
- There’s no criminal charge
- The person was found not guilty
- The criminal case is still going
A criminal case punishes the wrongdoer. A civil claim helps the family recover money. Both can happen at the same time.
What Does It Cost to Hire a Lawyer?
Most personal injury lawyers work on a contingency fee.
That means:
- No money upfront
- You only pay if you win
- The lawyer gets a share of your award
This helps families in the legal process to get justice without worrying about money. Ask your lawyer to explain the fee clearly before you sign anything.
How Do You Prove Negligence?
To win, you must prove four things:
- The other party had a duty to act with care
- They failed in that duty
- Their actions caused the death
- You suffered a loss because of it
To prove this, your lawyer may use:
- Police reports
- Medical records
- Photos or videos
- Expert witnesses
- Statements from those who saw what happened
More proof means a stronger case.
What If the Deceased Was Partly at Fault?
Missouri follows a rule called pure comparative fault.
If your loved one was partly to blame, you can still get money.
But the amount you get may be reduced.
For example:
- If your loved one was 25% at fault, you get 75% of the total award
Your lawyer will try to prove the other party was more responsible.
What Makes a Strong Case?
A strong case has:
- Solid evidence
- Good witnesses
- Expert support
- Fast action
Waiting too long can hurt your case. Memories fade. Records get lost. Witnesses may move. A good experienced personal injury lawyer in Kansas City knows how to protect your claim from day one.
Can You Sue a Company?
Yes. Companies can be held responsible if:
- Their workers caused the death
- They failed to follow safety laws
- They sold a dangerous product
- They didn’t train or supervise properly
Examples include:
- A trucking company with tired drivers
- A hospital with poor staffing
- A factory with faulty equipment
Your lawyer will look at every possible cause. Sometimes more than one person or company is to blame.
Real-Life Example
A Kansas City father died after being hit by a delivery truck. The company had ignored rules about driver hours. The man’s wife hired a lawyer. They proved the company broke safety laws. The family won a large settlement. It helped cover bills, support the kids, and bring some peace.
Why Hire a Kansas City Lawyer?
A local lawyer knows:
- Missouri law
- Kansas City courts
- Local judges and defense lawyers
They also understand what families go through. They’ll guide you and fight for you every step of the way.
What to Expect During the Process
Here’s how a wrongful death case usually goes:
- Free consultation – Tell your story, ask questions
- Investigation – Lawyer gathers facts and records
- Filing – They file your claim in court
- Negotiation – They talk with the other side to settle
- Trial (if needed) – If no deal is reached, the case goes to court
Most cases settle. But your lawyer will be ready for trial if needed. You don’t have to handle this alone.
Tips to Help Your Case
- Keep all records, bills, and receipts
- Write down names of witnesses
- Don’t speak with the other party’s insurer
- Stay off social media about the case
- Follow your lawyer’s advice closely
These small steps can make a big difference.
What Should You Do Now?
Don’t wait.
The longer you wait, the harder it gets to prove your case.
Here’s what to do now:
- Gather medical and police records
- Save all receipts and documents
- Write down what you remember
- Contact a Kansas City wrongful death lawyer
You don’t need to know all the answers. That’s what your lawyer is for. They will listen, counsel, and help you move forward. You cannot fight this anymore. You have lost something you cannot name. You can still have justice.
FAQs
- What is “negligence” in a wrongful death case?
Negligence is when somebody did not act as carefully as some one should have. It could be a driver, a doctor, a business; it could be anyone.
- Can more than one person file a wrongful death claim?
Only certain family members can file. But if they agree, they can file together. - How long does a wrongful death case take?
Some settle in months. Others take over a year, especially if they go to trial. - Can I sue if my loved one died in a work accident?
Yes. You may have a wrongful death claim beyond workers’ comp. A lawyer can check for both. - What if the person at fault has no money?
Insurance may still cover your claim. A lawyer will find all possible sources of payment.
Endnote
Justice may feel far away, but with the right help, you can move forward. A Skilled Kansas City wrongful death lawyer can stand by your side every step of the way.