wrongful death cases in KS and MOWhile no amount of money will bring back a loved one who was killed in a car accident, obtaining compensation from the negligent driver who caused their death can help you move forward in life and provide a sense of justice.

Every state has its own laws on the types of compensation victims can receive in wrongful death actions. Here’s what you need to know about the rules in Kansas and Missouri.

Wrongful Death Damages Awarded in Car Accident Cases in Kansas

In Kansas, the heirs of the family member who died are permitted to file a wrongful death action. Individuals considered heirs include the surviving spouse, children, parents, grandparents, and siblings of the deceased victim. They're entitled to these types of compensation:

  • Reasonable funeral and burial expenses
  • Medical bills related to the injuries their loved one suffered in the accident
  • Wage losses and the value of the wages the deceased would have received in the future if they survived
  • Value of household services that the person provided
  • Cost to replace or repair any property damages in the auto crash

These types of damages are referred to as pecuniary damages, and heirs can recover all the damages they incurred. However, non-economic compensation is capped at $350,000 under Kansas law. It includes these damages:

  • Mental anguish, pain and suffering, and bereavement
  • Loss of the society, care, support, or protection from the family member
  • Loss of marital care, advice, or affection
  • Loss of other family care or affection
  • Loss of care, training, guidance, or education of a parent

Types of Wrongful Death Compensation in Missouri Car Accident Cases

In Missouri, a surviving spouse, children, grandchildren, and parent would have first priority to file a wrongful death action. If none of these family members survived the victim, their siblings would be next in line to file this claim. The types of compensation awarded are similar to those in Kanas and include:

  • Reasonable funeral and burial expenses
  • Medical expenses for the deceased’s last injuries
  • Wages and other benefits of the deceased’s employment if they had lived
  • Pain and suffering the deceased experienced due to his injuries
  • Reasonable value of services, consortium, companionship, comfort, guidance, training, and support the accident victim would have provided to their family
  • Value of child care and elder care that the person provided to family members

Unlike Kansas, there's no cap on the amount of non-economic damages that a surviving family member can receive unless the victim’s death was due to medical malpractice. In that situation, the amount of damages would be capped at $350,000.

Did Your Loved One Die in a Kansas City Area Car Accident?

You need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.