Kansas City Wrongful Death Lawyer

The loss of a loved one due to the negligent actions of another is almost more than anyone can imagine having to handle. However, many people find themselves in exactly that position. They must figure out how to move forward without that person in their life, and they must endure the knowledge that it could have been prevented.

When someone dies as a result of the negligence of another, 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 wrongful death lawyer.

What Is Wrongful Death?

Anytime a loved one 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.”

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.

A Wrongful Death Case May Be Pursued Even Without Criminal Charges

An interesting caveat in the law makes it possible for the family members of a deceased loved one to pursue a wrongful death lawsuit against someone who is simultaneously facing criminal charges.

Criminal charges do not have to result in a guilty verdict to win a wrongful death lawsuit. 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 lawsuit.

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.

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

Pecuniary Injuries

These 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 pursuing a wrongful death lawsuit may also make claims for monetary reimbursement for the expenses of medical and funeral costs. Had the accused not acted negligently, the individual would not have perished, and the remaining family would not be paying for a funeral for that person. Thus, they deserve compensation for those costs.

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 party. 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 lawyers quickly advise their clients that the best course of action following a loved one’s death is to get in touch with an attorney 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.

Why You Need a Kansas City Wrongful Death Lawyer in These Circumstances

There is simply no way that someone grieving the loss of a loved one can help themselves through a wrongful death lawsuit without the assistance of a Kansas City wrongful death attorney. Attempting to navigate through the system under the best of circumstances would be extremely challenging, but it is nearly impossible for those in mourning.

At Hollis Law Firm, we offer a free initial consultation to anyone who feels they may have a wrongful death case. We will sit and listen to the story that this individual has to share, and then we will offer our best advice based on the experience we have fighting these cases.

Those suffering from the tragic loss of a loved one are owed compensation to handle medical and funeral bills as well as other costs associated with the tragic death. You can reach out to us today at (800) 701-3672 or fill out our contact form if you believe you have a wrongful death claim.