It’s hard to lose a loved one. When it’s due to someone else’s actions, it’s worse. In Missouri, there is a way for families to get justice through the law. It’s called a wrongful death claim. A wrongful death takes place when an individual passes away as a result of another person’s careless or harmful act. This may be from a car accident, a mistake made by a doctor, or a faulty product. A Kansas City Wrongful Death Lawyer can guide you about what to do.
What Is a Wrongful Death Claim?
It’s a lawsuit. It helps the estate of the deceased person to recover for what they’ve lost. Money isn’t always the big motivation. It’s about making the guilty party pay. In Missouri, not everyone can make this claim. Usually, it is a spouse, child, or parent. If none of them are present, then others like siblings or someone the court appoints may bring it. Wrongful death laws are in place to protect families. They prevent anyone from getting off scot-free without being accountable for their actions. These claims send a message. They show that reckless behavior has consequences.
What Can You Recover
- Families may be awarded money for:
- Funeral and burial costs
- Healthcare costs before death
- Income the person would have made otherwise
- Pain and suffering of the person
- Loss of fellowship
Some claims will also take into consideration the value of labor the person did. This may be taking care of children, housework, or helping around the house. The law takes into consideration how much the loss affects your daily living. Each case is different. The court looks at a great many factors in order to decide how much. The size of your family, income, and age are factors that may affect the payout.
Why You Need a Kansas City Personal Injury Lawyer
Cases of wrongful death are tricky. You need someone who really understands the law. A Kansas City lawyer can:
- Explain your rights
- Assemble evidence to support your case
- Take statements from witnesses
- Consult with experts
- Deal with insurance companies
- Represent you in court if it becomes necessary
They are also familiar with the local courts and judges. This assists your case to proceed more quickly and easily. You don’t need to endure this alone. A local attorney is familiar with Missouri laws and courts.
Time Limits in Missouri
You have three years from when the individual passed away to file your claim. Wait too long, and you forfeit the right. This is called the statute of limitations. Don’t wait. Hire an attorney immediately. Three years can pass slowly. But cases don’t arise overnight. The longer you wait, the harder it is to obtain evidence. Witnesses forget. Records vanish. Acting sooner makes your case stronger.
Common Causes of Wrongful Death
There are numerous ways that wrongful death can be caused. Some of the most common are:
- Automobile and truck accidents
- Motor vehicle accidents
- Medical mistakes
- Falls at work or unsafe buildings
- Defective products
Negligence is a large factor in these situations. That is, somebody failed to act as a reasonable person would. Perhaps they drove under the influence. Cut corners on safety procedures. Disregarded warning signs. Even if you don’t know what went on, an attorney can look into things. They’ll get to the bottom of things.
The Legal Process Made Simple
It starts with a conversation. The lawyer will ask you questions and inform you about what to anticipate. Afterward, they start gathering facts. They may call in experts. They can be doctors, engineers, or accident experts. These help prove what went wrong. Most cases settle out of court. But in the event of need, your lawyer will pursue it to trial. It is time-consuming. However, your lawyer will guide you through each step.
What Makes a Strong Case?
You need to have evidence. That is:
- Police or accident reports
- Medical records
- Witness statements
- Expert opinions
Photographs and video can also be useful. Those can show damage, dangerous areas, or what the place looked like. Your attorney distills all that. They make a case that shows what happened and who is at fault. They figure out what your family has lost as well. That is money, care, support, and love.
Handling Insurance Firms
They might attempt to offer you less than you are worth. Or fault your loved one. Don’t confront them by yourself. Have your attorney speak for you. They have seen the tactics and how to counter. Insurance adjusters can be nice. But they work for the company to save them money. They might spin your statements. Or try to hurry money to wrap up the claim. A good lawyer knows how to handle this. They take care of you and your family.
Cost of Hiring a Lawyer
Most Kansas City personal injury lawyers charge on a contingency fee basis. This means:
- No payment up front
- They only get paid if you win
- The fee is taken out of the money you are awarded
Ask about this during your first meeting. Know what to expect. This structure enables families to take legal action without regard to expense. It also guarantees that your lawyer is as committed to victory as you are.
Emotional Support Matters
The death of a loved one is not an abstract legal issue. It hurts. A good lawyer listens and cares. He or she understands that this is not just a case. It’s your life. Most of the companies also have the services of counselors or support groups. They can guide you on how to handle grief as your case goes on.You don’t have to do it by yourself.
What If More Than One Person Is at Fault
Missouri also has a law called “comparative fault.” If it was more than one’s fault that resulted in the death, each pays a percentage. Even if your loved one were somehow at fault, you may still get some money. Your lawyer will explain how this works. This rule helps you when a company or business is at fault. An example is if a truck driver and the company he works for were both at fault, both can be held responsible.
FAQs
1. How long does a wrongful death lawsuit take?
It varies. Some settle in months. Others may take a year or more. Your lawyer will give updates.
2. Can stepchildren file a wrongful death claim?
Usually, only legal children can file. But if they were adopted or legally dependent, they might be able to. Ask your lawyer.
3. What if the person who caused the death is facing criminal charges too?
You can still file a civil lawsuit. It is a separate case from the criminal case. You do not necessarily have to wait for the criminal case to be over.
4. Can more than one family member file the claim?
There can be one claim, but it can be for all who are entitled. The court divides the money equally.
5. What if the deceased did not have an occupation—can we still get damages?
Yes. You can still recover damages for loss of companionship, care, or services they furnished at home.
Final Thoughts
Death at the hands of a wrongful act is horrific. But you don’t have to go through it by yourself. A Kansas City personal injury lawyer will battle for your family. They lead you to discover answers, seek justice, and move on. If your loved one died in what you suspect was an avoidable mistake, call a lawyer now.
