When a loved one dies because of someone else’s mistake, the pain is deep. In Kansas City, families want answers. They want justice. An experienced personal injury lawyer in Kansas City can help. These cases are called wrongful death claims.
Contents
- 1 What Is Wrongful Death?
- 2 Who Can File a Wrongful Death Claim?
- 3 Why Hire a Personal Injury Lawyer?
- 4 What a Lawyer Does Step-by-Step
- 5 1. Free First Meeting
- 6 2. Investigating the Death
- 7 3. Proving Fault
- 8 4. Filing the Claim
- 9 5. Talking With Insurance Companies
- 10 6. Going to Court (If Needed)
- 11 What Can You Get in a Wrongful Death Case?
- 12 Time Limit to File
- 13 How Lawyers Get Paid
- 14 How Long Do These Cases Take?
- 15 Common Types of Wrongful Death in Kansas City
- 16 Medical Mistakes
- 17 Defective Products
- 18 Other Causes of Wrongful Death
- 19 Pedestrian Accidents
- 20 Fires and Explosions
- 21 Nursing Home Neglect
- 22 Emotional Support
- 23 Choosing the Right Lawyer
- 24 Frequently Asked Questions
- 25 1. What if my loved one was partly at fault?
- 26 2. Can I sue a hospital or a doctor for wrongful death?
- 27 3. Will I need to go to court?
- 28 4. What evidence will be needed?
- 29 5. How do I start a wrongful death claim?
- 30 Final Thoughts
What Is Wrongful Death?
Wrongful death happens when someone dies due to another person’s carelessness. It could be from a car crash, medical mistake, or unsafe worksite. The law allows certain family members to take action. It’s a civil case, not a criminal one. That means the goal is money, not jail time.
Who Can File a Wrongful Death Claim?
In Kansas City, the law allows close families to file. This includes:
- Spouse
- Children
- Parents
If no close family is alive, the court may appoint someone else to file. That person acts on behalf of the estate.
Why Hire a Personal Injury Lawyer?
These cases are tough. You need someone who understands the laws in Missouri and Kansas. A good lawyer:
- Gathers proof
- Talks to experts
- Deals with insurance companies
- Takes the case to court if needed
They focus on your case while you focus on healing. A lawyer also helps avoid mistakes. Filing the wrong paperwork or missing deadlines can hurt your case.
What a Lawyer Does Step-by-Step
1. Free First Meeting
Most lawyers offer a free talk to understand your case. You explain what happened. They explain your rights. You can ask questions and see if they’re a good fit.
2. Investigating the Death
They collect:
- Police reports
- Medical records
- Witness statements
- Video footage
They may also hire experts to study the cause of death. These experts could be accident analysts or medical professionals.
3. Proving Fault
To win, they must show the other party was careless or reckless. That’s called negligence. In some cases, they may prove the person broke the law. For example, a drunk driver who caused a crash.
4. Filing the Claim
Your lawyer files papers in court. These explain what happened and what your family wants in return. These documents start the legal process.
5. Talking With Insurance Companies
Insurance firms may try to pay less. A lawyer fights to get a fair amount. They know the tricks insurers use. Some companies try to blame the victim or delay the process. A lawyer pushes back.
6. Going to Court (If Needed)
Most cases settle. But if not, your lawyer will go to court. They argue your case before a judge and jury. They prepare you for court and explain what to expect.
What Can You Get in a Wrongful Death Case?
Money will never bring back your loved one. But it can help with:
- Funeral costs
- Medical bills
- Lost income from the person who died
- Pain and suffering
- Loss of love and support
Some cases also include money for lost benefits. This could be things like health insurance or retirement savings.
Time Limit to File
There is a deadline to file, called the statute of limitations.
- In Missouri: 3 years from the date of death
- In Kansas: 2 years from the date of death
If you miss the deadline, you may lose the right to file. Your lawyer tracks these dates and files on time.
How Lawyers Get Paid
Most personal injury lawyers work on a contingency fee. That means:
- You pay nothing upfront.
- They get paid only if they win.
- If they lose, you owe nothing.
You can ask about the fee percentage during your first meeting.
How Long Do These Cases Take?
Each case is different. Some settle in months. Others take a year or more. It depends on:
- How clear the facts are
- How willing the other side is to settle
- How full the court schedule is
Your lawyer gives you a timeline. They keep you updated as things move forward.
Common Types of Wrongful Death in Kansas City
Here are the most common causes:
Road Traffic Accidents
There are numerous occasions in which drivers who are speeding, texting, distracted, intoxicated, or asleep, can be responsible for their own and other deaths. Vehicle accidents can include semi-trucks and/or delivery vans. In the course of the transaction, the driver sometimes also makes their boss a party to the wrongful acts or incidents leading to the accidents.
Occupational Injuries
Factories and construction are the most dangerous occupations in the world. Safety policies and procedures are regularly violated in both environments, while most injuries are privilege of falls, equipment or lack of training.
Medical Mistakes
Doctors and nurses can make deadly errors. A wrong drug or missed diagnosis can kill. Hospitals may fail to follow safety rules.
Defective Products
Bad brakes, faulty machines, and unsafe drugs can all lead to death. In these cases, the company that made or sold the item may be to blame.
Other Causes of Wrongful Death
Pedestrian Accidents
People walking or biking can get hit by careless drivers. These deaths often happen at night or in busy traffic areas.
Fires and Explosions
Unsafe buildings or faulty wiring can lead to deadly fires. Property owners may be held responsible.
Nursing Home Neglect
Elderly people can suffer from poor care. Missed medication or bedsores can turn deadly. These deaths can be prevented with proper attention.
Emotional Support
Lawyers know this is a painful time. A caring lawyer listens and supports you. Many also help you find grief counselors or support groups. Some law firms even have in-house care teams.
Support matters. You don’t have to go through this alone.
Choosing the Right Lawyer
Here’s what to look for:
- Experience with wrongful death cases
- Good reviews and references
- Willingness to fight for you
- Local knowledge of Kansas City laws
You want someone who treats you like a person, not just another case. Ask how many similar cases they’ve handled. See if they explain things clearly.
Frequently Asked Questions
1. What if my loved one was partly at fault?
You may still be eligible for monetary compensation. Both Kansas and Missouri follow a comparative fault rule which allows you to recover even if your loved one was partly at fault.
2. Can I sue a hospital or a doctor for wrongful death?
Yes. If the death was caused by neglect, you may have a claim against the hospital or physician.
3. Will I need to go to court?
Maybe. A lot of cases will settle before there need to be a trial, and your attorney will do all the legwork anyway.
4. What evidence will be needed?
You will need evidence, such as medical records, statements from witnesses, expert reports, but your attorney will obtain all that for you.
5. How do I start a wrongful death claim?
By calling a personal injury attorney in your area who can explain your rights, and the process.
Final Thoughts
Wrongful death cases are hard. Families deal with grief, anger, and confusion. A skilled Kansas City Wrongful Death Lawyer brings clarity. They fight for what is fair. They take care of the legal side so you can focus on your family. If you lost someone in Kansas City because of someone else’s mistake, talk to a trusted personal injury lawyer today.