It is heartbreaking to lose a loved one. To lose one by someone’s negligence or mistake is even more tragic. Missouri families have the right to claim a wrongful death claim to recover compensation for loss. This is a step-by-step guide to the process. It explains to you what you must do and how Kansas City Wrongful Death Lawyer can help you.
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit. It is brought when one has died as a result of the actions of another human being. The actions can be reckless, negligent, or willful.
Wrongful death cases commonly arise from:
- Car or truck accidents
- Medical malpractice
- Workplace injuries
- Defective products
- Criminal activity
Missouri law allows family members to recover (collect “damages”) for what they have lost. This is financial loss and emotional loss. These are dealt with in civil court, not criminal court. The culpable person or company might still be prosecuted for a crime, but that’s a separate issue.
Who Can File a Wrongful Death Claim in Missouri?
Not anybody. Under Missouri law, only specific individuals can file a claim.
Who is first in line:
- Spouse
- Children (or grandchildren if the children are dead)
- Parents
When the above die, then:
- Brothers and sisters or their children can file a claim
- If there are no relatives at all, then the court can appoint someone
These guidelines prevent disputes about who can file a claim. The law tries to make all of it go as easily as possible. You must file the case within three years after death. This is called the statute of limitations. When that period passes, the court will not hear the case anymore.
What Is Included in a Wrongful Death Claim?
Missouri also permits families to recover many types of damages. They may be:
- Funeral and burial costs
- Wages the person would have earned
- Medical costs of illness or injury
- Pain and suffering up to the time of death
- Loss of companionship, society, and affection
- The dollar amount of services the deceased performed (e.g., child care)
Punitive damages can also be requested in some situations. They are extra payments designed to punish the nasty individual if what he did was very mean. Every case is different. An attorney can give an estimate. They can draw on previous cases and the opinion of experts to consider when determining how much to ask.
Proving a Wrongful Death Case
To have a case, you must have proof. This includes:
- Proving the person had a duty to be safe
- Proving they violated it
- Connecting the violation to your loved one’s passing
- Proving the damages you suffered
Your attorney will obtain:
- Police reports
- Medical records
- Expert testimony
- Witness statements
- Photographs or video if available
This is the part of the case that takes time. But it is useful in building a strong claim. Strong evidence makes it an easier attempt at an equitable outcome.
Why You Need a Kansas City Personal Injury Lawyer
Wrongful death lawsuits are complicated. You’re surprised. The justice system is complicated.
A good lawyer will:
- Do paperwork
- Collect evidence
- Negotiate with insurance claims adjusters
- Consult experts
- Battle for reasonable compensation
Most Kansas City lawyers don’t collect if you don’t win. That’s a contingency fee. What that means is you don’t owe anything up front. You can also have lawyers protect your rights. Insurers will attempt to offer you less than yours. A lawyer will not let that happen.
The Process: Step by Step
- Talk to a lawyer: Start with a free consultation.
- Start the claim: Your lawyer will file documents.
- Investigate: They gather facts, reports, and expert help.
- Negotiate: Try to settle with the other party.
- Go to court: Case is heard by a judge or jury if necessary.
Court can be scary, but your lawyer will walk you through it. Most cases are resolved out of court. But if it does end up in court, your lawyer will be your champion.
What Makes Kansas City Lawyers Different?
Kansas City is teeming with personal injury attorneys. Look for one with:
- Experience in wrongful death cases
- A success rate on claims
- A staff which respects you
- Simple, clear answers to your questions
- Solid local knowledge of Missouri courts
Some lawyers will also have doctors, investigators, and experts that they are in touch with. This will help in the legal process to make your case go more quickly. Choose a listening lawyer. You want someone who understands the law and can hear your hurting.
Time Passes Faster
Three years could take an eternity. But the sooner you act, the better.
- Witnesses forget things
- Evidence disappears
- Deadlines loom
Call an attorney immediately after the loss. Get them working for you on day one. This also gives your attorney more time to build a good case.
Don’t Go Through This Alone
You’ve lost someone you care about. No lawsuit can bring them back. But you can insist on justice. A wrongful death action holds people accountable. It keeps others from experiencing the same tragedy. And it offers your family support to get on with your life. The law won’t replace what you’ve lost. But perhaps it will bring closure. It may get you heard. And it may prevent others from having to suffer the same loss.
FAQs: Pursuing a Wrongful Death Claim in Missouri
1. How long do I have to pursue a wrongful death claim in Missouri?
You have three years from the date of death to file a claim. If you procrastinate, you forfeit your right to sue.
2. What happens if the person who caused the death never had a criminal charge filed against him or her?
You can still sue for wrongful death. These are not criminal but are civil suits. The law of rules is different, and you don’t need to have a criminal charge to file a suit.
3. Can I sue a physician or a hospital for wrongful death?
Yes. If death resulted from a medical mistake, you can file a claim. These are termed as medical malpractice suits.
4. What if the dead person never worked?
You may still collect damages. The law permits payment for lost companionship, care and protection, and income.
5. Do I have to go to court?
Not necessarily. Sometimes cases do settle before trial. But if a settlement is not reasonable, your lawyer can take the case to court.
Final Words
Kansas City personal injury lawyers are here to help. If you believe your loved one died as a result of someone being careless, talk with an experienced Kansas City Personal Injury Attorney today. The process is not easy, but it is not necessary for you to go through it alone.