When Someone Dies and It Should Not Have Happened it Hurts Even More
The emotional suffering when someone dies because of the conduct of someone else is heavier and has the added impact of injustice. The loss was avoidable. Missouri law permits families to seek recourse in these circumstances. These circumstances are called wrongful death claims. In the Kansas City area, if you’ve lost a family member in these types of tragic circumstances, allow a local skilled Kansas City personal injury lawyer to represent you and your family. They will assist you and your family with the next steps and handle the legal process.
What is Wrongful Death?
Wrongful death occurs when someone’s life is lost due to the mistake or poor choice of someone else. It could involve an auto accident, wrongful surgery, or defective product. It can even be a crime. This type of action is civil. It seeks money, not jail. It does not affect any criminal charges.
You can file for the cost of things like:
- Medical bills
- Funeral and burial costs
- Lost income
- Lost care, love, and help from the person
Missouri Laws on Who Can File a Claim
Only close family members can file. These include:
- The spouse
- Children or grandchildren
- Parents
If none of them are alive, then brothers, sisters, or their children may file. If no one qualifies, the court can pick someone to act on the estate’s behalf. A lawyer can tell you who has the right in your case. This matters because only one group can file.
Time Limit to File: Don’t Wait Too Long
You only have three years from the date of death to file. That’s the rule under Missouri law. If you miss this window, you lose your right to make a claim. Three years may sound like a long time, but don’t wait. The longer you delay, the harder it becomes to collect proof and witness accounts.
What You Must Prove to Win the Case
To win, your lawyer must prove these four points:
- There was a duty of care.
The other party had a duty to act safely or follow rules. - They broke that duty.
Their actions were careless or reckless. - Their actions caused the death.
The mistake or choice directly led to your loss. - You suffered damages.
You faced real costs or pain because of the loss.
All four must be clear. If any one of them is missing, the case may fail.
Events That Lead to Wrongful Death Claims
Many things can cause wrongful death. Some of the most common are:
- Car crashes
- Truck accidents
- Surgery or hospital errors
- Unsafe products
- Nursing home abuse or neglect
- Worksite injuries
- Fire or electrocution
- Criminal acts
If someone else caused the death, a lawyer can look at your case and explain your options.
Why You Need a Kansas City Lawyer
Local lawyers understand Kansas City courts. They know local judges and how juries tend to decide cases.
A good lawyer can:
- Collect police reports and medical files
- Find experts who support your case
- Talk to witnesses
- Handle talks with insurance companies
- File all papers on time
- Speak for you in court if needed
You don’t have to handle it all on your own. A lawyer takes that weight off your back.
Types of Damages You Can Get
Wrongful death claims allow for two kinds of damages:
1. Economic Damages
These are money losses you can count, like:
- Medical bills from before death
- Funeral and burial costs
- Lost pay and work benefits
- Loss of help around the house
2. Non-Economic Damages
These are the harder-to-measure losses, like:
- Grief and sorrow
- Loss of love, care, and support
- Loss of guidance for children
Missouri sets limits on non-economic damages in medical error cases. Your lawyer can explain how those work.
Wrongful Death vs. Survival Action
There are two types of claims when someone dies from another’s mistake:
- A wrongful death claim is filed by the family for their loss.
- A survival action is filed for pain and suffering the person felt before death.
Sometimes both are filed. They’re different and follow different rules.
Steps in a Wrongful Death Case
Here’s how the legal process works:
- Hire a lawyer
This should be your first step. A lawyer handles the legal side and gives clear advice. - Gather proof
This includes medical records, police reports, photos, and expert opinions. - File the case
Your lawyer prepares and submits the claim to the court. - Try for settlement
Many cases settle before trial. That means you get money without going to court. - Go to trial if needed
If no fair deal is offered, the case goes to trial. Your lawyer will present the case.
How Long Does a Case Take?
Each case is different. Some settle in a few months. Others take a year or more. If the other side agrees to pay early, the case moves fast. If they fight the claim, it takes longer. Your lawyer will try to resolve the case quickly, but won’t rush to take a low offer.
What If the At-Fault Person Is Dead?
You can still file. The claim would be against that person’s estate. If they had money, property, or insurance, that may cover your damages.
What Does It Cost to Hire a Lawyer?
Most wrongful death lawyers work on a contingency fee. This means:
- No cost to start the case
- No cost unless you win
- The lawyer takes a share of the money if you win
If there’s no win, you owe nothing.
What to Look for in a Lawyer
When picking a Kansas City personal injury lawyer, ask:
- Have they handled wrongful death cases before?
- Do they return calls and explain things clearly?
- Are past clients happy with their work?
- Do they know Missouri law well?
Trust your gut. Choose someone who listens and cares.
Justice Is Worth Fighting For
No amount of money brings back your loved one. But the law can hold the other side responsible. It can also give your family help with costs, lost income, and grief. You don’t have to take this on alone. A Kansas City personal injury lawyer can walk with you through every step and do all the legal paperwork.
FAQs
1. Do I need a lawyer to file a wrongful death claim?
Yes. These cases are complex. A lawyer gives your case a better chance to win.
2. Can I sue if my loved one didn’t have a job?
Yes. The law allows claims for more than lost income—like lost love, care, and support.
3. What if my loved one partly caused the event?
You can still file. Missouri uses shared fault rules. You may get less, but not nothing.
4. Will I need to speak in court?
Often, no. Many cases settle. If yours goes to trial, your lawyer will prepare you.
5. How is the money shared between family members?
If more than one person is owed money, the court may decide how it’s split.
A Lawyer Can Help You Start to Heal
Losing someone is hard. Losing them when it could’ve been stopped is worse. A wrongful death claim gives your family a way to seek justice and relief. An affordable Kansas City Wrongful Death Lawyer will fight for you. Don’t wait. Get help today and protect your rights.
