You can file a wrongful death lawsuit by working with an attorney to identify the liable party, collecting evidence to show their fault, and then submitting the appropriate paperwork through the court system.
A Kansas City wrongful death lawyer can explain how to file a wrongful death lawsuit and assist with each step of the legal process while providing the compassionate care you deserve after the loss of a loved one.
How You File a Wrongful Death Lawsuit in Missouri or Kansas
Filing a wrongful death claim requires you to submit paperwork to the court system that alleges that another party caused the death of another person. A Kansas City personal injury lawyer can help you compile and submit this paperwork.
Filing a lawsuit represents only the first part of the court process. A wrongful death lawsuit runs much like a personal injury case progresses. You should contact a Kansas City wrongful death attorney to discuss your legal options and become familiar with the legal process of your case before you move forward with a claim.
Can You File a Wrongful Death Lawsuit?
It is important to realize that not all unexpected deaths give rise to a wrongful death claim in Kansas or Missouri. If you lost a loved one and believe the negligence or wrongful acts of another party may have caused the accident, you should reach out to a lawyer for help.
The legal ground for filing a wrongful death claim arises when a person dies in circumstances that are–like the name suggests–wrongful. In particular, you may file a wrongful death claim when a person dies due to the negligent, reckless, or intentional acts of another person or company.
Only Specific People Can File a Claim
Generally, only certain family members can take legal action after a death in Missouri and Kansas. A lawyer can provide information about your specific eligibility to file a claim based on the wrongful death laws in these states.
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Filing a Kansas or Missouri Wrongful Death Claim
There’s a lot more to know about filing a Kansas or Missouri wrongful death claim or wrongful death lawsuit than just having a death resulting from negligence.
When you have lost a loved one because of negligence and are seeking to file a wrongful death claim or lawsuit, you should first consult with a wrongful death attorney. Your attorney will be able to help you every step of the way. A lawyer may:
Investigate the Claim
Your attorney should focus on discovering and gathering the evidence necessary to prove that the other party was at fault for the death of your loved one. You also will need proof of the damages you seek to recover, such as:
- Lost wages
- Medical expenses
- Funeral and burial costs
- Loss of companionship
- Loss of consortium
An experienced attorney can begin an investigation immediately and explain how to file a wrongful death lawsuit. Your lawyer can also tell you what damages you can recover for the wrongful death of a family member in Kansas and Missouri.
Submit the Appropriate Paperwork
After investigating your case, your attorney can determine whether you should submit a pre-trial demand to the responsible party or their insurer. Alternatively, they may advise that you prepare and formally file the lawsuit with the court.
Support You During a Trial
A jury usually hears a wrongful death trial. The jury will listen to both sides and consider the evidence and testimony. After review of the evidence and deliberation, the jury will present a verdict.
If the jury finds the defendant at fault for the death, the court will award a judgment amount to the family of the deceased.
The award may include a variety of kinds of compensation for your losses. Your wrongful death lawyer should review your situation and advise you on what types of damages you may seek to recover. They can help document these figures to properly present them in court.
How Long Do You Have to File a Wrongful Death Claim?
You should move forward with your legal claim promptly because specific deadlines, known as “statutes of limitations,” apply to wrongful death claims, and if you do not pursue your case and file it in court, you lose your right to compensation.
Missouri typically gives individuals three years to file this type of legal claim.
Defining a Wrongful Death in Missouri and Kansas
To successfully assert a wrongful death claim in Missouri or Kansas, a person must have died due to the negligent, reckless, or intentional conduct of another person or business.
A wrongful death attorney will review your case and determine whether another party may be held liable for your loved one’s death.
Various individuals or businesses may be at fault depending on the type of wrongful death case and circumstances. For instance, an impaired or drunk driver and a careless property owner are all potential parties to a wrongful death lawsuit.
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Types of Wrongful Death Cases in Missouri and Kansas
Your family may need to pursue a wrongful death action after any type of fatal accident. For example, you can turn to a lawyer for help after a deadly:
- Car accident
- Motorcycle accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Slip and fall accident
Your family may receive damages to cover the financial losses caused by any of these deadly accidents.
Comparative Negligence and Wrongful Death Claims
As with any sort of negligence case, you have to consider the laws of comparative negligence. If the deceased contributed to their death, it can reduce or even bar the family from asserting a wrongful death claim.
The laws regarding comparative fault differ in Kansas and Missouri. In general, the rules of comparative fault are harsher in Kansas. However, this area of law can be complicated and will depend on the facts of your case, so we recommend that you speak with an experienced wrongful death attorney for a complete evaluation.
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Learn More About Filing a Wrongful Death Lawsuit
Want to learn more about how to file a wrongful death lawsuit? You can turn to our team at Kevin McManus Law for professional help holding the at-fault party responsible for the loss of your loved one.
You don’t have to deal with insurance companies and paperwork alone when you’re looking to file a wrongful death case. Our Kansas City wrongful death attorney fights for survivors throughout Missouri and Kansas and helps family members through the legal process of wrongful death cases.
Before you go any further, get a free consultation with an experienced wrongful death attorney. Discussing your situation with a trustworthy attorney can save you time and effort in pursuing your case, so please contact us today by calling or filling out our online form.
