You are injured when you lose someone who is dear to you. Losing them due to the negligence of another person makes it all the more intolerable. It befalls you, and you are lost, bitter, and do not know where to start. A skilled local Kansas City personal injury attorney can walk you through this experience. A lawyer can inform you about your rights. They can help you file a claim and achieve justice. They cannot bring your loved one back to life. But they can make sure that the offending party or person pays for what they have done.
What Is Wrongful Death?
Wrongful death occurs when someone dies because another person wasn’t careful or broke the law. There are so many things that lead to it. A drunk driver can run over an individual and kill them. A surgeon can be careless during surgery. A corporation can release a dangerous product. In Missouri, you have the right to bring a wrongful death action when death results from the actions of another. The action is used to cover funeral expenses, lost income, and other damages.
Who May Bring a Wrongful Death Action?
Missouri statute limits those who may bring. It is usually immediate family members, including:
- Spouse
- Adopted children
- Parents
If the above relatives have died, other relatives may bring. A Kansas City lawyer will inform you who may file and walk you through the process. Filing it incorrectly will hold up or even deny your claim.
How a Kansas City Lawyer Helps You
1. Figuring Out What Happened
Your lawyer will get all the information about your deceased relative. These are:
- Getting police and accident reports
- Reading medical records
- Taking witness statements
- Talking to experts
This investigation makes the point. It shows you what really killed him.
- Proving Negligence
In order to win, you must establish the other side was negligent. That means you must show:
- They had a duty of care
- They breached that duty
- Their action or breach caused the death
- You suffered damages as a result of it
An experienced attorney will know how to prove these facts beyond a doubt.
- Negotiating with Insurance Companies
Insurance companies don’t want to pay out. They frequently try to settle on the cheap or reject claims. Your attorney is aware of their tricks. They can negotiate on your behalf with insurers and defend your rights. You don’t have to go through this battle by yourself.
- Getting Fair Compensation
A wrongful death claim can compensate for many expenses, including:
- Funeral and burial costs
- Medical expenses prior to death
- Lost wages your loved one would have earned
- Pain and suffering
- Loss of advice and supervision
Your lawyer will have a hard time obtaining you all the money that you deserve.
- Going To Trial
Cases primarily settle out of court. But if a fair offer is not tendered, your lawyer will take the case to trial. They will:
- Complete the proper forms
- Present your case to a judge or jury
- Argue on behalf of how you are legally owed compensation
You do not have to go to court unless you want to
Why You Need to Move Forward Now
Missouri gives you a window of time to file a wrongful death action. Usually, it’s three years from the time a person dies. Wait too long, and you’ll lose your right to pursue compensatory justice. Also, facts are lost over time. Witnesses forget things. Papers get misplaced. Acting quickly saves your case.
Common Reasons for Wrongful Death in Kansas City
An attorney can assist with different kinds of cases. These include:
- Car accidents: Resulting from speeding, drunk driving, or reckless driving.
- Medical malpractices: Errors by doctors or nurses.
- Nursing home abuse: Neglect or abandonment.
- Workplace accidents: Hazardous work conditions or faulty equipment.
- Defective products: Products with defects and leading to death.
Your attorney will go over the details of your case and determine what to do.
What Kansas City Attorneys Have That Others Do Not
Local lawyers are familiar with the laws of Missouri and Kansas City courts that will help in the legal process. They understand what judges and jurors believe. Local knowledge can contribute to your success. Hiring an area lawyer makes sense.
How to Choose the Best Attorney
Kansas City attorneys who have:
- Experience in bringing wrongful death cases
- Awards for winning cases
- Good reviews from clients
- Good communication
- An empathetic demeanor
Most lawyers give free consultations. Take them up on it and ask. Get a lawyer you can trust.
What You Don’t Have to Worry About
No out-of-pocket fees. Most wrongful death lawyers work on contingency. They only get paid if you get paid. You won’t do the legwork yourself. Your lawyer does the case while you focus on recovery. You might not have to go to court. Most cases settle out of court. Your attorney will attempt to get the best outcome.
How Long Will a Case Take?
Every case is different. Some only take a few months to resolve. Some take more than a year. It depends on:
- The clarity of facts
- How willing the other side is to cooperate
- Whether or not the case is litigated
Your attorney will update you along the way.
The benefits of taking action
Suing for wrongful death won’t make your loss disappear. But it will:
- Bring justice and closure
- Cover the costs left behind
- Help prevent others from suffering the same tragedy
Taking action holds negligent parties accountable.
Kansas City Lawyers Care About You
A competent lawyer listens and advocates for you. They plainly explain your choices. They work by your side every step of the way. This is a personal matter. Your attorney should handle it as such.
Frequently Asked Questions (FAQs)
- How much does a Kansas City wrongful death attorney cost?
Most work on a contingency. You pay nothing out of pocket. The lawyer only gets paid a percentage if you win.
- What if the party at fault has no money?
Your attorney will seek out all avenues of recovering compensation. This includes insurance, assets, or other parties who are liable.
- Am I allowed to make a claim if my loved one was partially responsible?
Yes. Missouri is a “pure comparative fault” state. You will still be able to recover some funds if your loved one was partially responsible.
- How much time do I have to make a wrongful death claim in Missouri?
You have three years from the date of death to make your claim. If you do not file in that time, your claim is no longer valid.
- What do I take with me to my first consultation with an attorney?
Take any records that relate to you that you have, including:
- Death certificate
- Police or accident reports
- Medical bills
- Witness names
This helps to get your attorney ready to better understand your case.
Ready to Get Help?
Death by negligence is not easy. Do not go through it alone. A Kansas City lawyer will help you acquire justice and closure. If you believe that another’s negligence caused your loss, contact an experienced Kansas City Wrongful Death Lawyer today. The sooner you have an attorney on the phone, the better your chances of defending your rights.
