The sudden death of a family member or loved one due to an accident or catastrophic injury can be devastating. The emotional pain can be even worse if they died because of the negligent, reckless, or even intentional conduct of another person or company.
If you have lost a spouse, parent, child, or another relative, you likely have questions and may not know where to turn. The Kansas City wrongful death lawyers at Kevin McManus Law are committed to your family during this difficult time and will provide the answers you deserve.
Our Kansas City personal injury lawyers collectively have over 60 years of experience and have recovered millions for our clients. We will find out who is responsible for your loss and hold them accountable. Call our team today for a free, confidential consultation.
What Is Wrongful Death, and What Is a Wrongful Death Claim?
Wrongful death occurs when someone dies as a result of another‘s negligence, recklessness, or intentional conduct. When a wrongful death claim arises, the decedent’s surviving family members can file a civil lawsuit for monetary damages.
While no amount of money can undo the loss of a loved one, a family can seek compensation—the civil system’s only measure of justice—for the following damages:
- Funeral expenses and burial costs
- Loss of future income
- Medical expenses
- Emotional pain and mental anguish
- Loss of companionship and loss of care
- Loss of consortium
- Punitive damages (payment made to punish the liable party for their negligent or reckless conduct).
A wrongful death action is separate and apart from any criminal prosecution that may be brought by the government against the at-fault parties. Family members can seek a claim for a loved one’s death, regardless of whether the liable party faces criminal charges.
Types of Wrongful Death Cases in Kansas City
Wrongful death claims arise in various circumstances. Our team handles different kinds of accidents involving fatal injuries. These include:
- Kansas City pedestrian accident lawyers
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- Kansas City traumatic brain injury lawyers
- Kansas City slip and fall lawyers (and lawyers for other premises liability cases)
- Kansas City nursing home negligence or abuse lawyers
- Kansas City medical malpractice lawyers
- Kansas City defective product lawyers
- Kansas City workplace accident lawyers
- Kansas City construction site accident lawyers
Depending on how your loved one’s death occurred, we can determine if liable parties broke any laws and if there may be grounds for your family to bring a civil lawsuit. If so, we can file and take civil action against the at-fault parties for a wrongful death settlement.
The compensation you could receive can help cover expenses related to your loss. Your award may come from an insurance settlement or another party.
Get the compensation you deserve with trusted legal guidance.
Who May File a Wrongful Death Claim?
State laws govern which parties can file a wrongful death lawsuit.
Missouri
Missouri law allows surviving spouses, children, and grandchildren to file a wrongful death lawsuit. Parents may also qualify in cases involving a deceased child. Siblings can sue if the deceased has no other surviving parents, spouse, children, or grandchildren.
Kansas
In Kansas, a wrongful death lawsuit is brought by the decedent’s estate for the benefit of the “heirs at law” (K.S.A.60-1902 and 60-1902). An “heir at law” is “one who takes by intestate succession (without a will) under Kansas statutes.”
If the decedent leaves a spouse and no children, all of the decedent’s property passes to a surviving spouse by intestate succession in Kansas.
As a result, the surviving spouse would be an heir at law. To understand how this provision impacts your particular case, consult with our experienced Kansas City wrongful death attorneys.
Our Kansas City Wrongful Death Claim Lawyers Will Build Your Case to Prove Negligence Occurred
Before you can receive financial compensation for a loved one’s death in Missouri and Kansas, you must prove the required legal elements to establish a claim. You can prove these elements by submitting evidence that supports your right to recover wrongful death damages.
While every case is unique, the basic elements for proving wrongful death are the same. These elements are:
- Duty of care: You must prove the defendant owed your relative a duty of care under the circumstances that caused the accident. Many times, this duty of care is apparent and recognized under the law. For example, car and truck drivers, product manufacturers, doctors, property owners, and employers owe certain duties of care.
- Breach of the duty of care: You must prove the defendant breached their duty of care. Evidence of a breach can include an act of negligence, wrongdoing, recklessness, or intentional harm. This can be one of the hardest elements to prove. We will investigate and establish evidence to show that the duty of care was breached.
- Causation: In addition to establishing a duty of care and a breach of that duty, you must show the breach was the proximate cause of your relative’s death. “Approximate cause” is a legal term that generally means the primary cause of death.
- Damages: In a wrongful death case, you and your loved one have paid the ultimate price and experienced the greatest emotional harm from another’s negligence. Death is a compensable damage in Kansas and Missouri law. However, state laws can be complicated, and certain caps apply in certain situations.
The legal team at Kevin McManus Law will seek to prove these elements. We will also navigate state laws, gather evidence, and conduct an investigation so we can present the strongest case to maximize your claim. You can talk with us about your case today. Call for a free consultation.
What’s the Deadline to File a Wrongful Death Lawsuit?
As with other personal injury claims, you must pursue a wrongful death case before the deadline expires. The deadline is called the wrongful death statute of limitations.
If you fail to take legal action by those deadlines, the court will bar your claim against the responsible party, and you will lose the right to seek compensation.
Missouri
In Missouri, the statute of limitations deadline for a wrongful death lawsuit is generally three years, per state law. However, this time limit can be shorter in certain situations. We can evaluate your case to determine if a shorter deadline applies.
For example, in Missouri, if a wrongful death action involves medical malpractice, the statute of limitations may be two years.
Kansas
According to state law, the statute of limitations for a wrongful death lawsuit in Kansas is two years. Our experienced wrongful death lawsuit lawyers serving Kansas City can help you with every aspect of your claim, including understanding strict deadlines and filing requirements.
We’ll help you appeal and secure your rightful benefits.
Frequently Asked Questions (FAQs) About Wrongful Death
We go into the answers to these questions in further detail below, but here are some quick answers to questions we receive the most frequently.
Q: How Do You Prove Wrongful Death in Missouri or Kansas?
A: You must meet three conditions to prove wrongful death in Missouri or Kansas:
- The deceased person‘s death must have been caused by the other party‘s negligence, recklessness, or intentional misconduct. You must prove the cause of death was partially or completely someone else’s fault.
- You qualify as a survivor of the deceased as defined by state law. Our wrongful death lawsuit attorneys in Kansas City can determine if you qualify.
- You can prove the losses you sustained from your loved one‘s death. These include loss of income, loss of benefits, or emotional and psychological trauma. Expert witnesses, such as an economist or health provider, may be helpful in this regard. We will guide you through employing these experts.
Q: What Damages Do Wrongful Death Lawsuits Compensate for in Missouri and Kansas?
A: Eligible survivors can recover compensation for:
- Reasonable funeral costs, cremation fees, and burial expenses
- Medical care expenses between the date of injury and the person’s death
- Loss of future income
- Mental anguish and emotional pain
- Loss of care, companionship, love, support, and guidance
Our personal injury attorneys can go over the details of damages and other avenues of compensation, including punitive damages, if applicable.
Q: How Long After a Death Do You Have to File a Wrongful Death Claim in Missouri or Kansas?
A: In Missouri, eligible survivors have three years to file a wrongful death lawsuit. In Kansas, they have two years. Please note that the statute of limitations may apply depending on the facts and circumstances of your case.
Contact us now to discuss the timeline. If you hire us to handle your case, we will file it on time.
Our Kansas City Wrongful Death Lawyers Can Help – Call Us
Kevin McManus Law will provide guidance, support, and personal attention as we handle your case. Our Kansas City wrongful death lawyers will hold the liable party accountable, take on a negligent party and their insurer, protect your rights, and answer your questions and concerns.
We handle cases on a contingency fee basis, which means your family pays nothing unless we recover compensation for your losses. If you would like help, contact us by using the form below or calling us for a free, no-obligation consultation. We are ready to work for you.
