The thought of losing a loved one is unacceptable. When death happens because of someone else’s mistake, frustration and confusion set in. Missouri families deserve justice with a wrongful death lawsuit. This page explains Missouri wrongful death claims, who is qualified to make the claim, time limits, damages, and why legal representation from Kansas City is required. The goal is to make the information easy to understand so families know their rights.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action. It is filed when a person dies as a result of another’s negligence, carelessness, or wrongful act.
Examples are:
- A driver who kills someone in a crash.
- A doctor who commits a fatal medical mistake.
- A producer who creates a dangerous product.
- An employer who tolerates dangerous working conditions.
The suit does not put the perpetrator in jail. It only makes them financially responsible and
avenges the victim’s family.
Who May Sue in Missouri?
Missouri law favors certain family members.
- The widow, children, or parents of the deceased victim.
- If they have all died, brothers, sisters, or children may sue.
- Where there are no relatives, a court may appoint a plaintiff ad litem.
This gives the closest individuals to the deceased the first opportunity to prosecute.
Deadline for Filing
Missouri also has a cutoff date, the statute of limitations. Families usually have three years from the date of death to file. Failure to do so within this time period will lead to dismissal of the action by the court. Worthwhile claims are lost if delayed too long. Early filing keeps the case in the forefront and provides preparation time for your attorney.
Damages Recoverable by Families
A wrongful death action could recover economic and emotional damages.
Economic damages:
- Medical expenses incurred due to the fatal injury.
- Funeral and burial costs.
- Wages and benefits lost by the decedent.
Non-economic damages:
- Suffering and pain of an emotional nature.
- Loss of care, mentorship, and love.
- Grief that loved ones experience.
Each case is individual. Based on the victim’s age, income, and family life is where they place their value.
The Kansas City Wrongful Death Lawyer
Wrongful death is complex. Insurers will deny accountability or offer less than families are entitled to.
A Kansas City attorney can:
- Investigate the case and build robust evidence.
- Fill out paperwork prior to court deadlines.
- Negotiate claims with insurance companies.
- Represent families in court, if needed.
Families are able to grieve with an attorney as the process is finished.
The Use of Local Knowledge
Missouri laws are different from Kansas or any other state. Having a Kansas City personal injury attorney means that your attorney is familiar with the local courts and laws. A lawyer also becomes knowledgeable about the judges, jurors, and defense tactics of the area. This provides the family with an edge when trying to pursue justice.
Steps in Pursuing a Wrongful Death Claim
It usually goes like this:
- Initial consultation – The family sits down with a lawyer to go over details.
- Investigation – The attorney reviews records, witness depositions, and expert testimony.
- Filing – The lawyer sues with the court.
- Negotiation – The attorney will try to negotiate a fair settlement.
- Trial – If no settlement is possible, the case may be tried by a jury.
Time passes with each step. Some settle within months. Others take years.
Problems Families May Face
Wrongful death actions rarely go off without a hitch. Some problems which may ensue are:
- Insurance companies do not want to admit fault.
- Battles over who can sue.
- Disagreements over the extent of damages.
- Inconsistencies in evidence or testimony.
These are just some of the reasons that representation is extremely crucial. Lawyers can challenge defense arguments.
Wrongful Death vs Criminal Charges
You have to understand the difference between criminal and civil cases.
- A claim for wrongful death is civil. The family is seeking money damages.
- A criminal case is different. Punishment by way of jail or fines is being sought by the state.
One case does not bind the other. A defendant can be acquitted of a crime but held liable in civil court.
The Emotional Aspect of Suing
Suing will not restore a loved one. But it can produce justice and monetary damages. Families are usually comforted by knowing they stood up for their loved one’s rights. Damages also erase funeral costs, medical bills, and lost income. Money won’t erase sorrow, but money can secure the future.
Choosing the Right Kansas City Lawyer
When choosing your wrongful death lawyer, look for the following:
- Experience in Missouri wrongful death claims.
- Proven success record of trials and settlements.
- Compassion for bereaved families.
- Open, honest communication.
An experienced attorney will break down every detail into understandable language and give personalized attention to your case and help in the legal process.
Closing Thoughts
A Missouri wrongful death case is a heavy responsibility. Kansas City families do not have to face it by themselves. With the law’s assistance, they can protect their rights, bring criminals to justice, and discover a fair future. Call a Kansas City Wrongful Death Lawyer today.
FAQs
1. How long do I have to file a wrongful death claim in Missouri?
You have three years from the date of death.
2. Do brothers and sisters have a right to bring a wrongful death claim in Missouri?
Yes, but only if there is no surviving spouse, parent, or child.
3. What are wrongful death damages?
They can be medical bills, funeral bills, lost wages, and mental pain and suffering.
4. Do you need to seek the services of a lawyer for a wrongful death case in Kansas City?
You may do it yourself, but an attorney provides you with a better opportunity.
5. Is a wrongful death case identical with a criminal case?
No. A wrongful death case is a civil case. Criminal charges are distinct.
