The loss of a loved one is tragic enough. It becomes much worse when you think about the possibility that this could have been prevented. If your loved one died because of someone else’s wrongdoing, you do have rights. A Kansas City wrongful death lawyer can help you obtain justice. Wrongful death lawsuits also help clarify issues and assist grieving families in getting what they are entitled to. You do not have to do this alone. An attorney is able to help from the start of the process by filing the claim, collecting evidence, and everything in between. We will discuss what a wrongful death is, what types of damages you can receive, and getting help.
What Is Wrongful Death?
Wrongful death happens when a person dies because of the negligent or intentional acts of another person. There are many ways this could happen. Examples of wrongful death are:
- Car or truck accidents
- Medical malpractice
- Defective products
- Unsafe construction sites
When wrongful death occurs, the law allows a few close family members to file a claim. The purpose of filing a claim is to recover damages from the wrongful death, and holding the person who caused the death accountable.
Who Can Bring a Wrongful Death Claim in Kansas City?
Every state has its own requirements to bring a wrongful death claim. In Missouri, the following individuals may be entitled to bring a wrongful death claim:
- The spouse of the deceased person
- Children, including adopted children
- Parents
- Sometimes siblings, or even other relatives
If there are no remaining immediate family members, a will may appoint someone to file a claim. A skilled wrongful death attorney in Kansas City is able to provide you with information on who may be eligible to bring the claim on behalf of the deceased.
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What Can You Recover From a Wrongful Death Claim?
Money cannot replace your loved one. However, it can alleviate some of the stress and expenses incurred. You may recover expenses for:
- Funeral and burial expenses
- Medical bills pertaining to the last injury
- Loss of wages for work your loved would have performed
- Pain and suffering during that time alive
- Loss of care and companionship
In some circumstances you may also recover additional compensation if the wrongful death was intentional or reckless and dangerous.
How a Kansas City Wrongful Death Lawyer Can Help You
It can be difficult to deal with legal matters while grieving the loss of a loved one. An attorney with experience in these matters is supposed to deal with that for you. The lawyer can:
- Investigate the incident
- Assemble and gather evidence and documentation
- Take witness statements
- Negotiate with the insurance company
- File your complaint in a timely manner
- Represent you in court
Having a lawyer allows you to address the loss of your loved one and focus on the healing process while your case moves forward.
Why It Is Important to Act
Missouri law places limits on the amount of time you have to file the case. In Missouri, you have three years from the date of death to file your claim. If you wait until the time has expired, you could lose your right to recover compensation or the right to file a civil suit entirely. This is why it is important to speak with a lawyer as soon as possible. They can assist you by protecting your legal practice rights and ensure they will be enforceable when the time period available under the law to file your case has expired.
Common Wrongful Death Claims in Kansas City
There are many scenarios that will give rise to a legal claim for wrongful death。Following are examples of injury theories:
- Motor Vehicle Collisions: Drivers operating under the influence, speeding, or texting threaten everyone’s life.
- Medical Errors: Medical errors: A Doctor or Nurse commits errors daily that costs someone their life.
- Defective Products: A defective product that breaks or doesn’t work while you are using it can kill people.
- Occupational Injuries: Dangerous conditions at work can cause falls and defective machinery.
- Nursing Home Injuries: Seniors can be injured because of negligent treatment.
No matter how you have been injured, you know that you deserve answers. An attorney will go through all the circumstances regarding the incident and be able to establish a case for you.
What To Expect When You Call The Attorney
It is natural to be uneasy about calling an attorney. Here’s what typically happens:
Free Consultation
You tell your story and the attorney will listen, and ask questions.
Case Assessment
The attorney will evaluate the documents, and the evidence to determine if you have a claim.
Next Steps
If you are going to pursue your claim, the attorney will start to collect information, and get ready to civilly file your action.
Settling or Trial
Most claims settle, If they don’t settle, and you go to trial, your attorney will be there for you.
While this first consultation is free for you, you will not begin to pay for the cost of representation until you obtain a recovery.
Why Should You Hire a Local Kansas City Attorney?
Every state has its own set of laws regarding wrongful death lawsuits. A local Kansas City personal injury attorney will have an in depth knowledge of Missouri case law and will often know the local experts and/or court personnel. These connections can make a huge difference in your case.
How long will my case take?
Each case is different. Some cases may settle in just a few months, whereas some cases take over a year. Each case is dependent upon:
- The overall complexity of the facts
- How many exhibits and how much evidence needs to be obtained
- If your claim is being contested by the insurance company
Your attorney will update you on the status and explain each of the steps.
How Does A Wrongful Death Lawyer Get Paid?
Most wrongful death lawyers charge a contingency fee. This means:
- You do not have to pay using any actual cash upfront
- If you do not win, you have no fees
- If you win, the attorney will be entitled to a percentage of your recovery
This process gives you the opportunity to receive help and not have to worry about paying anything upfront.
What Should I Do Now?
If you lost a family member in any way caused by someone else, you should act quickly. Any time you waste can affect the case in several ways. Here are a few easy steps you can take:
- Find any documentation that you have. A police report, medical information, bills.
- Write down what you can remember about the incident.
- Contact a Kansas City wrongful death attorney to see if you have a claim (most times done free of charge).
The sooner you can begin the process, the better your case will be.
Questions Asked Frequently Regarding Kansas City Wrongful Death Claims
Q1: How do I prove wrongful death?
Your attorney will obtain a number of pieces of evidence including; police report, photographs, eyewitness statements and/or expert opinion evidence that support a theory that some acts or omissions caused someone’s death.
Q2: What if my loved one contributed to the accident?
Missouri follows a pure comparative fault rule. You can recover, but the amount of your recovery may be reduced based on your percentage of fault.
Q3: Will my matter go to trial?
Most matters settle before trial. If you are not being offered fair compensation, your attorney would be willing to take your case to trial.
Q4: How much can I recover in a wrongful death claim?
There is no set dollar amount that you can recover in a wrongful death claim. Each situation is different and dependent on numerous factors like wages lost, medical expenses or expenses for loss of support.
Q5: Can I bring a wrongful death claim if my loved one was not working?
Yes. You can recover non-monetary losses such as a loss of care, guidance and will include some types of non-monetary support-even if your loved one was not working.
