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 personal injury 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.”
Following a loved one’s death, families often face significant financial and legal implications, including the need to seek compensation for economic losses 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 family members 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 unexpected death is caused by the negligent actions of another, and proving such a case requires evidence linking the defendant’s actions to the victim’s death.
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.
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 pursuing a wrongful death lawsuit may also make claims for monetary reimbursement for the expenses of medical and funeral costs. 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 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 lawyer 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 party. 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 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.
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 that the death occurred due to another party’s negligence and guide the family 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 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 pecuniary injuries, such as loss of financial support, inheritance, and funeral costs. In Kansas, wrongful death claims have a cap of $250,000 for non-pecuniary losses like emotional suffering. A wrongful death attorney 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 your wrongful death cases is filed 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 attorneys in Kansas City provide crucial support for families 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 of securing compensation for your losses.
