Who can file a Kansas City wrongful death claim?
State law designates certain survivors who are entitled to pursue a Kansas City wrongful death case.
• If the decedent was married, the spouse at the time of death can bring a lawsuit. In Missouri, the spouse must have been legally married. In Kansas, common law spouses may have a legitimate claim.
• If the decedent had children, the children can also bring a lawsuit. Biological minor children, adult children, adopted children and illegitimate children can file a wrongful death lawsuit; step-children cannot.
• In both Missouri, the decedent's parents are allowed to bring a lawsuit. In Kansas, parents can only file a wrongful death claim if there is no spouse or children.
• Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents.
• If a young child dies, the parents may file a wrongful death action.
If you would like to speak to a Kansas City personal injury attorney about filing a wrongful death claim, contact Kansas City Accident Injury Attorneys at 888-348-2616.