When someone dies as a result of the negligence of another, like medical negligence, it is deemed to be a “wrongful death” in the eyes of the law. If this negligence can be proven, one may receive financial compensation for the pain and suffering that they have endured. Proving that case requires the assistance of an experienced Kansas City personal injury lawyer.

What Is Wrongful Death?

Anytime a deceased person passes away, it can feel wrong and unjust, but there is a specific definition of wrongful death for legal purposes. The Cornell Law School defines wrongful death like this:

“Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.”

Following a loved one’s death, families often face significant financial and legal implications, including the need to seek compensation for economic damages and emotional suffering.

It is precise and technical, and the definition must be met for a family member of the deceased to pursue the case further. This means that your lawyer will need to make a compelling court case that you lost a loved one as the direct result of another person’s negligence through wrongful death claims.

A Wrongful Death Case in Kansas City May Be Pursued Even Without Criminal Charges

An interesting caveat in the law makes it possible for the surviving relatives of a deceased loved one to pursue a wrongful death lawsuit against someone who is simultaneously facing criminal charges. Wrongful death occurs when a person’s untimely death is caused by the negligent actions of another, and proving such a case requires evidence linking the defendant owed duties to the victim’s death.

Criminal charges do not have to result in a guilty verdict to win a wrongful death suit. The difference between the two is that one is criminal, and one is civil. The burden of proof is much higher in a criminal case (beyond a reasonable doubt) compared to a civil case (a preponderance of the evidence). Thus, one may win a wrongful death lawsuit even if the defendant is found not guilty in their criminal case. It happened in the infamous OJ Simpson murder trial and subsequent wrongful death settlement.

What Kind of Damages Can One Expect to Recover?

Every legal case brought before a court has a unique set of circumstances attached to it. To make any kind of guarantee regarding results would be misleading at best and outright dangerous at worst. There is information available about the maximum penalties that one may recover in a Kansas City courtroom. Kansas law caps the amount that one may receive:

60-1903. Amount of damages; jury instructions; itemized verdict. (a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of $250,000 and costs.

This means that many wrongful death lawsuits are settled for far less than this total, but that is the absolute most that one may receive in a Kansas courtroom for their wrongful death claim.

In cases of wrongful death caused by medical malpractice, there are specific caps on non-economic damages in Missouri, highlighting its distinct treatment compared to other wrongful death cases.

The two types of damages that one may generally claim in a wrongful death lawsuit are:

Pecuniary Injuries

Surviving family members face pecuniary injuries, which include the loss of support of the deceased, the loss of inheritance, and the pain and suffering of grief that one faces due to the loss of their loved one.

Medical and Funeral Costs

Those who are handling wrongful death lawsuits may also make claims for monetary reimbursement for the medical expenses and funeral expenses. The surviving spouse is given priority in filing wrongful death claims. Had the accused not acted negligently, the individual would not have perished, and the remaining family members would not be paying for a funeral for that person. Thus, they deserve compensation for those costs.

If you are in need of an experienced wrongful death attorney in Kansas City, contact us today and schedule your free consultation.

Statute of Limitations for Wrongful Death in Kansas City

The statute of limitations in Kansas for pursuing a wrongful death claim currently stands at two years from the date of death of the deceased person. A wrongful death claim arises out of circumstances that would have allowed the deceased to pursue a personal injury claim if they had survived. Claims made after that date will be dismissed out of hand due to the law.

Given the nature of the legal system, it often takes a considerable amount of time for a case to make its way through the courts. Thus, Kansas City wrongful death law firm quickly advises their clients that the best course of action following a loved one’s death is to seek legal representation as rapidly as possible. There is no time to waste with a situation like this, and waiting around can put your entire case in jeopardy.

Attorneys want to act quickly to gather evidence, take witness statements, and perform all of the routine work that they do as Kansas City wrongful death lawyers to help their clients make the strongest case possible.

Who Can File a Wrongful Death Lawsuit?

The loss of a loved one due to someone else’s negligence brings immense grief, and families often seek justice through legal means. However, not everyone who knew or loved the deceased has the legal standing to file a wrongful death lawsuit. Each state has specific laws governing who can bring such claims forward, and Kansas and Missouri have different approaches to this matter.

Kansas Wrongful Death Statute Requirements

In Kansas, wrongful death claims can only be filed by specific individuals in a particular order of priority. Understanding these requirements is essential to ensure your case proceeds properly.

Under Kansas law, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. This representative is typically named in the deceased’s will or appointed by the court if no will exists. While the personal representative brings the action, they do so on behalf of all the deceased’s heirs who might be entitled to compensation.

The damages recovered in a Kansas wrongful death lawsuit are distributed to the heirs according to their losses, not through the estate. This distinction is important because it means the compensation bypasses probate and goes directly to the family members who suffered the loss.

Missouri Wrongful Death Laws

Missouri’s wrongful death statute takes a different approach by establishing a hierarchy of individuals who may file a claim:

The surviving spouse, children, or grandchildren of the deceased have first priority
If none exist, the deceased’s parents can file
If no spouse, children, grandchildren, or parents survive, then siblings may bring the claim
If no eligible family members exist, the court may appoint a plaintiff “ad litem” upon the request of someone entitled to share in the proceeds

This tiered system ensures that those most directly affected by the death have the opportunity to seek justice while still allowing for representation when closer family members aren’t available.

The Role of Personal Representatives

In wrongful death cases, the personal representative serves a crucial function beyond merely filing paperwork. They must:

Make important decisions regarding the lawsuit
Communicate with the attorney handling the case
Potentially testify during proceedings
Consider settlement offers
Distribute any recovered damages appropriately

Given these responsibilities, choosing the right personal representative is vital. This person should be trustworthy, capable of making difficult decisions during emotionally challenging times, and able to represent the interests of all beneficiaries fairly.

When Multiple Family Members Qualify to File

Sometimes, multiple family members may qualify to file a wrongful death lawsuit. In these situations, it’s generally advisable for the family to reach a consensus on who will serve as the representative rather than filing competing claims.

When families disagree about filing a wrongful death lawsuit, our Kansas City wrongful death attorneys can help facilitate discussions to find common ground. In some cases, the court may need to intervene to determine who has priority to file.

How Do You Prove Wrongful Death in Kansas City?

Proving a wrongful death case requires more than simply showing that someone died due to another’s actions. At Hollis Law Firm, we understand the elements necessary to build a compelling wrongful death claim and help grieving families navigate the complex legal process.

To successfully prove wrongful death in Kansas City, your attorney must establish four critical elements:

Duty of Care

First, we must demonstrate that the defendant owed a duty of care to the deceased. This duty varies depending on the relationship between the parties and the circumstances of the death. For example:

Drivers owe a duty to operate their vehicles safely
Doctors owe a duty to provide competent medical care
Product manufacturers owe a duty to create safe products
Property owners owe a duty to maintain reasonably safe premises

Establishing this duty is the foundation of any wrongful death claim, as it sets the standard against which the defendant’s actions will be measured.

Breach of Duty

Once the duty is established, we must prove the defendant breached that duty through action or inaction. This breach represents a failure to exercise reasonable care under the circumstances. Examples include:

A driver who exceeds the speed limit or texts while driving
A doctor who misdiagnoses a treatable condition
A manufacturer who ignores safety protocols
A property owner who fails to address known hazards

Proving breach often requires expert testimony, thorough investigation, and careful analysis of the facts surrounding the death.

Causation

The third element requires proving that the defendant’s breach directly caused the death. This connection must be clear and not speculative. In legal terms, we must establish both:

Actual cause (the death wouldn’t have occurred without the defendant’s actions)
Proximate cause (the death was a foreseeable consequence of the defendant’s actions)

This element can be particularly challenging in complex cases, such as those involving medical malpractice or product liability, where multiple factors may have contributed to the death.

Damages

Finally, we must prove that the death resulted in quantifiable damages to the surviving family members. While no amount of money can replace a loved one, the law recognizes various types of losses that deserve compensation:

Medical expenses incurred before death
Funeral and burial costs
Lost income and benefits the deceased would have provided
Loss of companionship, guidance, and support
Pain and suffering experienced by the deceased before death (in some cases)

Evidence must support each category of damages claimed to ensure fair compensation.

Frequently Asked Questions About Kansas City Wrongful Death Claims

What is a wrongful death claim, and how is it defined legally?

A wrongful death claim arises when a person’s death is caused by the negligent or intentional actions of another. According to Kansas City law, a wrongful death claim allows family members to seek compensation for their losses, including emotional and financial suffering. A wrongful death lawyer can help prove wrongful death and guide the surviving family members through the legal process.

How can a Kansas City wrongful death lawyer help if there are no criminal charges?

A Kansas City wrongful death lawyer can assist in pursuing a civil wrongful death lawsuit even if no criminal charges are filed. Criminal charges require a higher burden of proof, while wrongful death claims only need to show negligence by a preponderance of evidence. This means that even if the defendant is not found guilty in a criminal case, you may still succeed in a wrongful death claim.

What damages can be recovered in a wrongful death case?

Damages in a wrongful death case generally include compensation for fatal injuries, such as loss of financial support, inheritance, and funeral expenses. In Kansas, wrongful death claims have a cap of $250,000 for non-pecuniary losses like emotional suffering. A wrongful death lawyer can help determine the appropriate damages to seek in your specific case.

How long do I have to file a wrongful death claim in Kansas City?

In Kansas, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means you must act quickly to ensure you file wrongful death cases on time. Consulting with a Kansas City wrongful death lawyer as soon as possible can help you avoid missing this critical deadline.

Why is it important to work with a wrongful death attorney in Kansas City?

Our wrongful death lawyer in Kansas City provide crucial support for surviving family members during the legal process, helping to gather evidence, take witness statements, and build a strong case. Navigating wrongful death claims is complex, and having a lawyer with experience in Kansas City wrongful death cases can significantly increase the chances to recover compensation for your losses.

What can I do if my family member’s death was caused by a car accident due to someone else’s negligence?

If your family member’s death was caused by a car accident due to another driver’s negligence, you may have the right to pursue a wrongful death claim. In this situation, you could recover damages for mental anguish, lost wages that the deceased would have earned, and any other financial hardships resulting from their death. It is important to act quickly, as there are deadlines (statutes of limitations) for filing a wrongful death lawsuit. Consulting with an experienced wrongful death attorney can help ensure your case is handled properly and promptly.

Can I receive compensation for serious injuries sustained in a car accident that led to a family member’s death?

Yes, if your family member’s death was the result of serious injuries sustained in a car accident, you may be entitled to compensation. This compensation can cover a variety of damages, including lost wages, medical expenses, and funeral costs. Additionally, you may be compensated for the mental anguish caused by the loss of your loved one. An attorney can help assess your case and guide you through the legal process to ensure you receive the compensation you deserve.

Kansas City Wrongful Death Attorney