Author:
Kimberly J. Benjamin, Founder & Managing Attorney
September 20. 2021.
Role of a Kansas City Wrongful Death Lawyer
There is nothing as tragic as the untimely and sudden death of a loved one due to a fatal accident. Even worse is when the death is the result of another’s wrongful actions or negligence. It is understandable that one would be overwhelmed by loss and grief and suffer financial strain and stress shortly after the incident.
If your loved one has died from the negligence or wrongful actions of another, then you should contact a Kansas City wrongful death lawyer to help you. At the Missouri DWI & Criminal Law Center, we know that it is impossible to turn back the hands of time to prevent the tragedy. However, we know that getting compensation in a wrongful death lawsuit is critical to ensure surviving dependents and spouses can move forward without financial ruin.
Call us today if you are looking for a wrongful death attorney, and our compassionate and knowledgeable Kansas City wrongful death attorney will take care of you. As one of the best wrongful death law firms in the city, we will put all our resources to work to help you get the justice you deserve and stand up for your family through this difficult time.
Elements That Must Be Established by a Wrongful Death Lawyer in Kansas City
Certain legal elements have to be established to get financial compensation in a wrongful death lawsuit in Missouri.
These elements will usually have to be established by submitting evidence that proves that you deserve to be compensated for the death of a loved one caused by another person. Even though each case is unique, the basic elements needed to prove wrongful death to another include:
Duty of Care – You and your lawyer must prove that the defendant owed the deceased a duty of care in the circumstances in which the accident occurred. Often, this duty of care is recognized and obvious under the law. For instance, employers, truck and car drivers, property owners, and medical providers have a duty of care to others when performing their regular duties.
Breach of Duty of Care – Once you have proven that the defendant had a duty of care towards the deceased, it also has to be proven that the defendant is guilty of breaching that duty. Evidence of breach can be anything from intentional harm to negligence, recklessness, or wrongdoing.
Causation – In addition to proving a duty of care and a breach of the same, it must be shown that the proximate cause of death of your loved one was a result of the breach. A proximate cause is a legal term that usually refers to the primary cause of death.
Damages – The death of your loved one means you and your family have paid the ultimate price and have had to go through tremendous emotional damage from someone else’s negligence. The silver lining is that in Kansas City, Missouri, death is compensable damage, and you could get significant damages awarded when you file a wrongful death suit.
Proving wrongful death can be a complicated and arduous affair, which is why you need to engage the services of the best wrongful death lawyers. The Missouri DWI & Criminal Law Center can help you navigate state laws, gather the evidence, and investigate the facts of your case to get you the most favorable outcome.
Initiating a Wrongful Death Claim with the Help of a Wrongful Death Attorney Kansas City
In Missouri, a wrongful death lawsuit can be brought by any heirs at law or surviving family members of the deceased.
In most wrongful death cases, this usually means any family member, including the surviving spouse, siblings of the deceased, child or children, grandparents, or parents. The administrator of the estate is usually not deemed an heir.
Missouri laws have established three classes of people that can file a wrongful death claim. These include:
- A family member of the deceased will include their spouse, children, or any other surviving lineal descendants of the children of the deceased.
- If no family members qualify under the first class, then the siblings of the deceased or their descendants may file a wrongful death lawsuit.
- If there are no persons in both two classes, then a plaintiff ad litem who a court appoints on the request of an interested party may file a wrongful death action.
If you have lost your loved one and intend to file a wrongful death claim, then you are invited to contact the Missouri DWI & Criminal Law Center for a free consultation on your case. We always advise that you contact us as soon as possible so that we can file quickly, given the statutes of limitations.
Top Kansas City Wrongful Death Lawyers
As top Kansas City wrongful death lawyers, we have the knowledge and experience to know that no two wrongful death cases are alike.
Due to the uniqueness of each case, the compensation or the amount of damages may also vary. State restrictions on the circumstances of the incident and the extent of the damage will also impact the claim’s worth. In general, wrongful death may result in any of the following types of compensation:
Pecuniary Damages – These are court awards that could have been given to the deceased had they survived the incident and lodged a personal injury claim. Other claims may include medical expenses, loss of companionship, lost wages, property damage, burial and funeral expenses, and lost inheritance, among others.
Non-Pecuniary Damages – These are not easy to quantify, given that they are not economic damages. They may refer to non-intangibles such as psychological injury, mental anguish, loss of consortium, pain and suffering, bereavement, and distress the deceased person’s family or a family member suffered upon the death of a loved one.
Punitive Damages – In some instances, punitive damages may be applied in addition to the standard damage penalties. This type of compensation is usually intended to punish the person responsible for malicious wrongdoing, gross negligence, and intent to harm, such as in murder or homicide wrongful death claims.
In Missouri, medical malpractice wrongful death claims usually have a cap of $700,000 for suffering and pain damages. If you claim wrongful death for reasons other than medical malpractice, there is no cap on what you can be granted as damages.
With the help of an experienced and qualified lawyer working on your case, you can get the legal advice you need to get the justice you deserve in a wrongful death claim. At the Missouri DWI & Criminal Law Center, we provide a free case consultation for all prospective clients. Call us today, and a lawyer will be standing by to answer any questions you may have.
Consult the Best Kansas City, MO, Wrongful Death Attorneys Before the Statute of Limitations Expires
Like other personal injury claims, a wrongful death claim needs to be pursued promptly before the statute of limitations deadline expires. If you do not file your wrongful death claims before the expiration of the statute of limitations, you may no longer have the right to claim any compensation.
In Missouri, three years is usually the statute of limitations on wrongful death claims. However, this statute of limitations can be flexible in some circumstances. This is why it is critical to hire the services of an experienced wrongful death attorney to help advise if your case falls under a longer or shorter statute of limitations period.
With experienced attorneys from the Missouri DWI & Criminal Law Center working on your case, you can get sound legal advice on filing requirements, the deadlines for filing, collecting evidence, and building a case.
Whether you are dealing with personal injury or medical wrongful death claims, our attorneys have the skills and resources to ensure you get optimal outcomes in negotiations or in court.
Common Accidents Handled by a Kansas City Wrongful Death Attorney
There is all manner of accidents that could result in the death of a person. Some wrongful death claims involve another person’s deliberate misconduct, while others may be about negligence. Some of the common causes of wrongful deaths that an attorney in Kansas City may help you with include:
- Car accidents
- Swimming pool accidents
- Truck accidents
- Premises liability accidents
- Motorcycle accidents
- Slip and fall accidents
- Pedestrian accidents
- Nursing home neglect and abuse
- Bicycle accidents
- Defective products
- Workplace accidents
- Medical malpractice
Sometimes a wrongful death claim may result from criminal acts such as murder or assault. In such instances, it is essential to note that the civil case will be separate from the criminal case, which means that it is still possible to recover wrongful death claims in Kansas City, MO.
Reach Out to Our Trusted Kansas City Wrongful Death Attorneys
At the Missouri DWI & Criminal Law Center, we acknowledge that the wrongful death of a loved one caused by another person is a very stressful and traumatic experience. Moreover, you will have to relive the painful details of their death while trying to get the justice and compensation you deserve.
Given how complex these cases can get, hiring a qualified attorney as soon as possible is one of the wisest decisions you could make. It can be very difficult for the average person to prove a wrongful death case, given that most people are not familiar with the law on wrongful death claims or the intricacies of the legal system.
Your loved one’s death should not be for nothing, as we will make sure justice is served for the wrongful acts or negligence of those responsible. We always advise that you call us as soon as possible to establish an attorney-client relationship from the outset. This will make it easier to work through the facts of the case and present the strongest case we can.
Contact us today by either calling our office number or filling out the form on our website, and we will get back to you as soon as possible for your first free consultation.
