Losing a loved one can be crushing, especially when you know it could’ve been prevented. If you’ve lost a family member in a truck accident, you may be wondering about how you can pursue justice.
So, can you file a wrongful death case after a truck accident in Kansas City? Yes, qualifying relatives can file a wrongful death claim if they’ve lost a loved one due to a driver’s negligence.
Wrongful death cases are often complicated and difficult to win. If you’ve lost a family member due to someone else’s negligence, our wrongful death lawyer in Kansas City will help you file a claim.
Can You File a Wrongful Death Case After a Truck Accident in Kansas City?
Yes, if you’ve lost a loved one in a truck accident caused by another party’s negligence or wrongful actions, you can file a wrongful death claim in Missouri. However, the right to do so is restricted to the spouse, children, and parents of the deceased. If none of those parties are available, siblings or their descendants may file a claim.
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Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri law defines a clear hierarchy of who may file a wrongful death lawsuit:
- First class beneficiaries: The spouse, children (biological or adopted), or parents of the deceased have the primary right to bring a wrongful death action.
- Second class beneficiaries: If no one from the first class is available or willing, then siblings or their descendants may file the claim.
- Plaintiff ad litem: If no eligible relatives exist, or they choose not to file, the court can appoint a plaintiff ad litem to pursue the case on behalf of the deceased’s estate and their beneficiaries.
Only one lawsuit can be filed. In most cases, all eligible family members file a claim together.
How Long Do I Have to File a Wrongful Death Lawsuit in Missouri?
Under Missouri’s statute of limitations, you have three years from the date of the death to file a wrongful death lawsuit. If you miss this deadline, the court will likely dismiss your case, and you won’t be able to pursue compensation.
However, certain factors (such as a delay in discovering the cause of death or the involvement of a government agency) can affect your case’s deadline. For that reason, it’s important to speak to a wrongful death lawyer as soon as possible.
What Are the Odds of Winning a Wrongful Death Lawsuit?
Your odds of success in a wrongful death case depend on several factors, including:
- The strength of the evidence proving negligence
- The credibility of your witnesses and documentation
- Expert testimony
- The experience and skill of your legal team
Our experienced wrongful death attorneys will greatly improve your odds of success.
We’ll help you appeal and secure your rightful benefits.
Why Hire a Wrongful Death Lawyer?
Wrongful death cases are often complex and emotionally taxing. Hiring an experienced wrongful death lawyer can make a significant difference in the outcome of your case. Specifically, our lawyer will:
- Determine liability: In truck accident cases, liability may fall on the driver, the trucking company, contractors, maintenance providers, or other third parties. Our attorney will conduct a thorough investigation to make sure the proper parties are held accountable.
- Gather evidence: From accident reports and black box data to medical records and expert testimony, our lawyer will collect the evidence needed to support your claim.
- Handle negotiations: Insurance companies often try to minimize payouts or deny claims altogether. Our lawyer will negotiate on your behalf and fight for fair compensation.
- Provide peace of mind: During a time of grief, you shouldn’t have to manage legal paperwork, deadlines, and court filings on your own. Our lawyer will handle the legal process so you can focus on healing.
How Much Is a Wrongful Death Lawsuit Worth?
Every wrongful death case is unique. The value of yours will depend on factors like:
- The deceased’s income and earning potential
- Medical and funeral expenses
- The degree of negligence involved
- The emotional and financial impact of the loss on surviving family members
- Whether punitive damages are awarded
In Missouri, some wrongful death claims related to medical malpractice may have damage caps, but truck accident wrongful death cases typically do not.
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What Types of Compensation Can You Recover?
Per Missouri laws on wrongful death and survival, you may be entitled to several types of compensation for wrongful death, such as:
- Medical expenses: You can recover the costs of any medical care provided before death.
- Funeral and burial costs: You can seek reimbursement for all final expenses.
- Lost income and benefits: You can claim the loss of the deceased’s expected earnings and benefits.
- Pain and suffering: If the deceased experienced conscious pain before passing, you can pursue compensation for that suffering.
- Loss of companionship and guidance: You can be compensated for the loss of consortium, love, and parental guidance the deceased would’ve provided.
- Punitive damages: In rare cases involving gross negligence or intentional harm, you may be awarded punitive damages meant to punish the wrongdoer.
Where Does the Money Come From in a Wrongful Death Lawsuit?
In most truck accident wrongful death cases, the money comes from insurance companies. These may include:
- The truck driver’s liability insurance
- The trucking company’s commercial liability policy
- Vehicle maintenance contractors’ insurance (if they were negligent)
- Your loved one’s uninsured/underinsured motorist policy (in some cases)
If the at-fault party does not have enough insurance, a personal judgment may be sought, but collecting from individuals can be difficult.
Who Are the Beneficiaries of a Wrongful Death Lawsuit?
The beneficiaries of a wrongful death lawsuit are typically the surviving spouse, children, or parents of the deceased. If those parties are unavailable, siblings or their descendants may benefit.
The court will oversee how the settlement or verdict is divided among the eligible beneficiaries. In some cases, a judge may appoint a trustee to ensure the funds are distributed fairly.
How Are Wrongful Death Settlements Paid Out in Missouri?
Wrongful death settlements in Missouri are generally disbursed in one of two ways:
- Lump sum payment: The total amount is paid at once to the beneficiaries.
- Structured settlement: The money is distributed over time in installments.
The court may need to approve the settlement terms, especially if underage children are involved. If beneficiaries cannot agree on how to divide the funds, the court may step in to make that determination.
What Happens If You Lose a Wrongful Death Lawsuit?
If you lose a wrongful death lawsuit in Missouri, you will not receive compensation from the at-fault party. However, if legal errors occurred during the trial, you may have grounds for an appeal. Our wrongful death attorneys can advise you on next steps.
What Is the Wrongful Death Statute in Missouri?
Under Missouri Revised Statutes § 537.080, wrongful death is defined as a death caused by any act, conduct, occurrence, transaction, or circumstance that would have allowed the person to file a personal injury lawsuit if they had survived.
In other words, if the deceased could have pursued a legal claim for their injuries had they lived, their surviving family members may file a wrongful death claim on their behalf.
Contact a Kansas City Truck Accident Lawyer
If you’ve lost a loved one in a truck accident, you have the right to hold the responsible party accountable. A wrongful death lawsuit won’t bring your loved one back, but it can provide closure and financial stability.
Our Kansas City wrongful death lawyers at Kevin McManus Law will handle every aspect of your case so you can spend this difficult time with your family. Schedule a free consultation to learn about how you can seek justice for your loved one.
