What Is Wrongful Death?
Wrongful death is the death of a person due to the negligence or mistake of someone else. Wrongful death can occur in many ways: someone is killed in a crash, falls, and dies, or dies as a result of a medical error. The law allows close family members to seek money for their loss. This is called a wrongful death claim. It helps the family in the legal process to pay for costs and find some peace.
What Causes Wrongful Death in Kansas City?
Many causes lead to wrongful death. Some happen more often than others. Here are the most common ones:
Car Crashes
Driver’s speed. They text or drink. These mistakes kill people every day. Intersections and highways are dangerous.
Truck Crashes
Trucks are heavy and hard to stop. A little mistake by a driver can be fatal. Many truck drivers work long hours. Fatigue causes lack of attention and focus.
Unsafe Worksites
Jobs in Kansas City construction, farming, or factories can be risky. Falls, faulty gear, or unsafe rules can lead to death.
Patient Safety
Sometimes, doctors and nurses er until they make mistakes. They can give the wrong drug, mis-identify signs of illness, or wait too late to act, understanding the consequences of their mistake can be life or death.
Unsafe Property
Property owners have an obligation to keep their properties safe. A missing step, faulty wiring, or missing sign can be deadly.
Who Can File a Wrongful Death Claim?
Missouri law is clear about this. Not everyone can file. Only certain people have that right.
The following may file:
- The spouse of the person who died
- Children, including adopted ones
- Parents
- If no close family, then siblings or a court-named person may file
A wrongful death claim must be filed within three years of the date of death. Wait too long, and the right may be lost forever.
What Can a Family Get From a Claim?
The pain of losing someone can’t be fixed with money. Still, a claim helps cover costs and ease stress.
Here’s what the law allows families to recover:
- Funeral Costs
Burial and service costs are high. A claim can cover these. - Medical Bills
Any care before death, such as an ER visit or surgery, may be included. - Lost Wages
If the person who died supported the family, their lost pay can be claimed. - Loss of Care and Support
The law values the lost help a person gave, like love, advice, or parenting. - Pain and Suffering
If the person who died suffered before passing, that harm may be counted.
Why You Need a Personal Injury Lawyer
Filing a wrongful death claim is not easy. Rules are strict. Insurance firms fight hard to pay less.
Here’s how a Kansas City personal injury lawyer helps you:
1. Knows the Law
Your lawyer understands Missouri laws. They know what counts, what to file, and when to act.
2. Deals With Insurance
Insurance companies try to settle fast. They offer less than what families deserve. A lawyer makes sure that doesn’t happen.
3. Collects Proof
Your lawyer finds the truth. They get accident reports, medical records, and witness statements.
4. Talks With Experts
Sometimes, lawyers work with doctors, crash experts, or work safety pros. This builds a stronger case.
5. Stands Up in Court
Many cases settle. Some do not. If needed, your lawyer can take your case to trial and speak for you.
6. Brings Peace of Mind
You are grieving. Let your lawyer handle the legal side while you focus on family and healing.
Steps to Take After a Wrongful Death
Knowing what to do right after a death can help protect your rights.
Follow these steps:
1. Get a Death Certificate
This document is needed for claims, benefits, and records.
- Collect Important Documentation
Save all bills, invoices, and reports. These will provide an account of what transpired and what it costs.
- Don’t Talk with the Insurance
Don’t say anything or sign anything until you talk to a lawyer! They might use whatever you say against you!
- Talk to a Lawyer Right Away
Time is important. A lawyer can be quick and protect your interests.
- Take Care of Yourself
Grief can be difficult! You should rely on your family, faith or support group. You are not alone!
What Makes a Good Wrongful Death Lawyer?
Not all lawyers are the same. Here’s what to look for in Kansas City:
- Wrongful Death Experience
Choose someone who has handled many of these cases before. - Local Skill
Laws and judges vary by place. Pick a lawyer who knows the Kansas City courts. - Clear Pricing
Most wrongful death lawyers charge nothing unless they win your case. That’s called a contingency fee. - Strong Reviews
Read online feedback. Ask the lawyer for past case stories. - Good Listener
You want someone who listens, speaks clearly, and cares about your case.
How Long Does a Case Take?
Some cases wrap up in months. Others can take a year or more. Each case is different. It depends on how hard the other side fights and if a trial is needed. While money is not instant, a fair result takes time. A good lawyer will keep you updated along the way.
Wrongful Death and Criminal Cases
If the person who caused the death is facing jail, you may still file a civil case.
- Criminal Case: The state tries to punish the person.
- Civil Case: Your family tries to get money for your loss.
You can file your case even if the state does not press charges. These are two separate paths.
Why Act Now?
Waiting hurts your case. Proof can fade. Witnesses forget. Deadlines pass. Call a skilled local Kansas City wrongful death lawyer now. The first call is often free. You’ll learn your rights and options.
FAQs
1. What if we can’t afford a lawyer?
Most wrongful death lawyers take cases on a no-win, no-pay basis. You only pay if they win.
2. Can a sibling file if there is no spouse or child?
Yes. Missouri allows a sibling or court-named person to file if no closer family exists.
3. Do I need a lawyer to file a wrongful death claim?
You don’t have to, but it’s risky. One mistake can ruin your case. A lawyer helps you do it right.
4. How much money can we get?
Each case is different. It depends on many things—like lost income, age, pain, and family needs.
5. Can we settle without going to court?
Yes. Most cases settle out of court. Your lawyer works to get a fair offer from the other side.
You Deserve Justice
Losing someone is never easy. When it’s someone else’s fault, it’s even harder. You can take a step toward justice. An experienced Kansas City personal injury lawyer can help you move forward. Call today. Learn what your family can do. Talk is free. Help is near.