It is hard to lose a loved one. Losing them on account of the other person’s negligence is harsh. Families usually suffer emotional loss as well as financial loss at the same time. Missouri law gives the right to seek justice to some members of the family. This book mentions the meaning of wrongful death and how a Kansas City lawyer can help.
Contents
- 1 What Is Wrongful Death?
- 2 Who May Bring a Wrongful Death Action in Missouri?
- 3 How Long Do You Have to File?
- 4 Damages You Can Recover
- 5 Establishing a Wrongful Death Case
- 6 Kansas City Most Common Common Causes
- 7 Wrongful Death and Criminal Trials
- 8 Why Hire a Kansas City Attorney?
- 9 Steps in a Wrongful Death Case
- 10 Factors That Influence Settlement Amounts
- 11 Preparing for Your Lawyer Meeting
- 12 Cooperating With Your Attorney
- 13 Emotional Support and Resources
- 14 Preserving Your Rights Early
- 15 Frequently Asked Questions
What Is Wrongful Death?
Wrongful death is the death of an individual because of another individual’s irresponsible, negligent, or willful act. It may be an organization, corporation, or entity.
Examples:
- Car crashes by inattentive or drunk drivers
- Surgical error or misdiagnosis
- Defective products resulting in injury
- Hazardous work environment
- Violent or assault crimes
Wrongful death is a civil lawsuit. It is seeking money for the harm to the family, not jail. Criminal cases are distinct.
Who May Bring a Wrongful Death Action in Missouri?
Not everybody may bring an action. Missouri law places the right to bring an action into classes.
First class: Surviving spouse, children, or parents.
Second group: Where none of the individuals in the first group are present, the brothers and sisters or their children may sue.
Third group: If neither the first nor the second group can sue, the court may appoint a “plaintiff ad litem.” He or she brings suit on behalf of the estate of the deceased.
How Long Do You Have to File?
Missouri has three years from the date of death in which to bring suit on a claim of wrongful death. Three years and one day from the date of death, the case is statutorily time-barred. The faster you act, the better. The months slip by, and the witnesses forget, and evidence is lost. A local experienced Kansas City personal injury lawyer can act fast to protect your claim.
Damages You Can Recover
Damages are money awarded in a lawsuit. Damages in Missouri wrongful death cases include:
- Funeral and burial costs
- Medical bills of the fatal disease or accident
- Lost wages and benefits
- Loss of companionship and guidance
- Pain and suffering before death
Every case is unique. It depends on facts, evidence, and what it did to the family.
Establishing a Wrongful Death Case
To prevail, you need to establish:
- Duty of Care – The other party had a duty to be safe.
- Breach of Duty – They were negligent.
- Causation – What they did led to death.
- Damages – The death did cause actual injury to the family.
The attorney can prove the claim through medical records, accident reports, expert testimony, and witness depositions.
Kansas City Most Common Common Causes
Kansas City is faced with a high rate of wrongful death claims owing to:
- Automobile accidents with alcohol
- Distracted driving
- Truck crashes on highways
- Surgical or child delivery errors
- Failure to diagnose fatal conditions
- Nursing home falls or abandonment
- Construction site accidents
- Hazards or faulty products
Understanding the causes facilitates the attorney’s creation of a specific legal strategy.
Wrongful Death and Criminal Trials
A case of wrongful death differs from a criminal trial. The criminal trial is intended to punish in the form of imprisonment or fines. The case of wrongful death is intended to provide compensation to the family. The burden of proof is lighter in a civil action. In a criminal action, the defendant’s guilt must be proven “beyond a reasonable doubt.” In a wrongful death action, liability must be proven by the “preponderance of the evidence.” That is, more likely than not, the defendant’s actions resulted in death.
Why Hire a Kansas City Attorney?
Wrongful death actions may be complex. An attorney can:
- Gather and save evidence
- Deal with all communications with insurers
- File papers on time
- Negotiate for fair compensation
- Be ready for trial if settlement does not work
You are alone against insurance companies trying to deny or cut back payment without an attorney. An attorney makes the playing field level.
Steps in a Wrongful Death Case
- Free Consultation – Explain your story to your attorney.
- Investigation – Your attorney gathers records, statements, and expert testimony.
- Filing the Claim – The suit is presented to the court.
- Discovery Process – Information is shared by the two parties.
- Negotiation – Suits settle in most cases without being tried.
- Trial – The case is settled by a judge or jury when no settlement is reached.
Some suits settle within months. Some take more than a year.
Factors That Influence Settlement Amounts
There are specific things that will add to or take away from the amount of recovery you will be eligible for:
- The age and income earning capacity of the deceased person
- Medical and funeral expenses
- Strength of evidence
- Amount of defendant’s fault
- Whether or not the defendant’s actions were reckless or intentional
Punitive damages can be awarded in some cases. These are awarded to punish and prevent the same kind of conduct.
Preparing for Your Lawyer Meeting
Bring as much information as possible to your first meeting:
- Death certificate
- Medical and hospital records
- Police reports or accident reports
- Funeral and burial bills
- Pay records or tax forms
- Photos, videos, or other proof
These records enable the attorney to get familiar with the case and the value of the case ahead of time.
Cooperating With Your Attorney
Stay in regular contact throughout the case. Answer questions about information immediately. Take photocopies of all bills and receipts pertaining to the death. If you change your address or phone number, let your attorney know immediately. Open communication prevents delays.
Emotional Support and Resources
Wrongful death lawsuits can take some time. During the legal process, your family may need emotional comfort. Consider also getting involved with a Kansas City bereavement group. You and members of your family can be helped through counseling in coping with loss. Your lawyer will know of local groups and be able to direct you to them.
Preserving Your Rights Early
The sooner you talk to an attorney, the stronger your case. Witnesses forget. Physical evidence is lost. Insurance companies will try to settle for less money than you deserve. By acting early, your attorney can guard valuable evidence, interview witnesses before facts are lost, and stop unfair settlement attempts. Call an affordable Wrongful Death Lawyer near me in Kansas City right away.
Frequently Asked Questions
1. What do I do first if I think my loved one was murdered unfairly?
Speak with a Kansas City wrongful death lawyer today. The sooner the better.
2. Can I bring a wrongful death action if there is a criminal trial?
Yes. The civil lawsuit is separate from the criminal trial.
3. How do I pay a wrongful death lawyer?
Most pay on contingency fees. You only pay if he/she succeeds.
4. What if the victim was partially responsible?
Missouri is a comparative fault. Damages can be reduced but not eliminated.
5. Are wrongful death settlements taxative?
Most aren’t taxative under federal law, but see a tax professional.
