Loss hurts. When it happens due to another’s negligence, families become lost. Missouri law allows surviving loved ones to file a wrongful death lawsuit. This is a legal action both for justice and financial recovery. This guide explains the methods of Kansas City wrongful death lawsuits. You will learn who can file, what damages are recoverable, and how much time you have remaining. Each section keeps legal speech simple so that you can focus on what matters most—taking care of your loved ones.
What is a Wrongful Death Lawsuit?
A wrongful death action is a civil court lawsuit. It’s filed when someone has been killed by the negligent act or omission of another. A case may involve automobile collisions, medical mistakes, dangerous property, or defective products. The goal is twofold: hold the party at fault accountable and receive damages. Damages are financial help to offset losses. While no money can bring back life, it mitigates burdens imposed by premature death.
Who Can File a Wrongful Death Action in Missouri?
Missouri law limits who can bring the suit. The order of priority is:
- Spouse, children, or grandchildren.
- Parents of the deceased person.
- Brothers or sisters or their children, if closer kin are deceased.
- Court-appointed plaintiff ad litem, if none of the above are dead.
There can be a single suit only. There cannot be individual claims for family members. The court wants all the damages to be paid under one action.
Time Limits for Filing
Missouri has a tight deadline. Families typically have three years from the time of death. Miss this deadline and the case is closed. Since evidence disappears, being prompt is prudent. Witnesses forget. Records can disappear. An experienced Kansas City personal injury attorney ensures claims become timely.
What Damages Can Be Recovered?
Damages are divided into two categories:
- Economic damages: funeral expenses, medical expenses, and wages lost.
- Non-economic damages: loss of companionship, comfort, and guidance.
In some, punitive damages are applied. These punish the perpetrator of risky or willful conduct. Not every case does, but courts can allow them if conduct was outrageous.
How the Process Functions
Filing a wrongful death claim involves several steps:
- Review of the case. The attorney examines facts and recommends strength.
- Filing the petition. A complaint is formally filed with the court.
- Discovery. Both sides exchange records, testimony, and evidence.
- Negotiation. Most cases resolve before trial.
- Trial. If no settlement, a judge or jury decides damages.
The process is slow. Some cases settle in months. Others take years, especially if involved.
Why Legal Help Matters
Wrongful death cases involve complex laws and high stakes. Insurance companies usually fight hard to pay as little as possible. A well-trained attorney levels the playing field. They investigate, gather facts, and produce expert witnesses. They also negotiate the case on an equal basis. Without expert legal process representation, families risk receiving much less than is their right under the law.
Wrongful Death and Car Accidents
Kansas City roads have many bad accidents. Speeding, drunk driving, or distracted driving often lead to fatal wrecks. If the accident was the fault of another driver, families may bring a wrongful death action. Insurance alone can be insufficient to pay for the loss. A lawsuit can pay for future lost income, cost of care, and emotional pain.
Medical Error Wrongful Death
Medical mistakes are another number one cause of wrongful death lawsuits. Examples could include:
- Misdiagnosis
- Surgical complications
- Birth injury
- Wrong medication
Hospitals and doctors may refuse to accept liability, but medical records and expert witnesses can reveal the truth. Families can get justice even when providers try to deflect blame.
Wrongful Death and Hazardous Property
Owners of land have a duty to make their property safe. Where there are risks that cause fatal injury, owners can be held liable. Examples include:
- Poor building security
- Slippery floors
- Dangerous stairs
- Falling items
These kinds of incidents fall under the premises liability law. The wrongful death action is against the owner’s negligent breach of duty of care.
Settlement vs. Trial
The majority of wrongful death claims settle out of court. Settlement avoids the fear and uncertainty of trial. It also receives money quicker. But there are times when the only option is trial. When the defendant won’t pay reasonably, a jury can decide. Veteran trial attorneys prepare every case as if trial is unavoidable.
Choosing the Appropriate Kansas City Attorney
The lawyer you choose matters. Look for:
- Experience in wrongful death cases.
- A successful trial track record.
- Clear communication and compassion.
- A determination to fight insurance companies.
You need someone to approach your case sensitively, not as a mere file.
Common Wrongful Death Claim Pitfalls
Families often face roadblocks:
- Disputes over who gets to file.
- Insurance firms refusing to accept liability.
- Lowball settlement proposals.
- Emotional upset through a long case.
Guidance from a dedicated lawyer releases these burdens. They guide you through each step, making sure rights are not forgotten.
Financial Burden After Loss
It puts families in economic hardship. Funeral costs, medical bills, and lost income bring hardship. A wrongful death action permits families to recover these costs so they are not economically ruined.
Kansas City Courts and Wrongful Death
The majority of Kansas City wrongful death lawsuits are brought in the Jackson County Circuit Court. Some are also heard in federal court for out-of-state parties. Each court varies. An attorney ensures filings meet each rule.
FAQs
- How long will a wrongful death lawsuit in Kansas City take?
Each case is different. Some settle within several months. Others may take years if there needs to be a trial.
- Can damages be awarded to more than one family member?
Yes. The court awards damages to qualified families. The judge ensures equitable distribution.
- Do all cases of wrongful death go to trial?
No. Most settle outside of trial. Trial only when there is no equitable settlement.
- Can a wrongful death action be filed without an attorney?
Technically yes, but not recommended. The process is complex. Most families need legal representation.
- Are there damage caps in Missouri?
Yes, caps do exist on non-economic damages in medical malpractice wrongful death claims. Other cases may be without strict caps.
Final Thoughts
Pursuing a wrongful death claim in Kansas City is a serious step. Families should have their day in court and fair financial compensation. While the law cannot restore life, it requires the responsible parties to be accountable. If a family member passed away, speak with a Kansas City wrongful death lawyer today. They can assist your loved ones, litigate for mere damages, and provide you with some form of closure.
