Kansas City wrongful death lawyers

Wrongful Death Lawyers in Kansas City

Compassionate, strong representation for families in Missouri and Kansas

At Kansas City Accident Injury Attorneys, we honor your family’s need to grieve, while we work to hold those responsible for your tragic loss accountable. It’s important to speak with our experienced Kansas City wrongful death lawyer quickly so we can investigate the cause of the accident, obtain crucial evidence, and speak with witnesses.

Our lawyers work with investigators, the police, traffic reconstruction professionals, product safety experts, building code officials, and others to show the cause of your loved one’s death and who is responsible. We work with financial and wrongful death professionals to help determine the value of your family’s claim.

We’re here to listen to you (we want to know about your loved one), guide you, and fight for you. A strong recovery helps your family honor your loved one by providing for your family’s future and holding the responsible parties accountable.

Our wrongful death results

Our record of verdicts and settlements in wrongful death cases includes:

  • A $7 million settlement. We negotiated this settlement for the family of the driver who was killed in a rear-end accident by an impaired driver. We asserted that both the driver and the bar that served the driver alcohol were liable based on Missouri’s dram shop liability law.
  • A $1 million verdict. We obtained this recovery for parents whose three-year-old daughter died. We filed a Federal Tort Claims Act (FTCA) claim.
  • A strong recovery in a medical malpractice case. This claim involved the failure of a hospital pharmacy to properly fill prescriptions. The failure led to the death of two newborns because the medications were much stronger than ordered.

While past results cannot guarantee future results, our Kansas City wrongful death lawyers are prepared to fight for all the compensation your family deserves.

Do I have a case?

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Practice Areas

How do your Kansas City wrongful death lawyers help?

What is a wrongful death case?

A Kansas City wrongful death claim is a civil case (not a criminal case). The family of the person who died (the decedent) seeks monetary damages against those who caused the death, due to their negligence or fault.

What types of accidents/negligence commonly lead to wrongful death claims in Kansas City?

Our Kansas City fatal accident lawyers handle wrongful death cases, no matter the cause. Some of the many types of wrongful death cases we handle include the following:

Who files the wrongful death case?

Both Missouri and Kansas authorize wrongful death claims. Generally, the claim is filed by the persons authorized under each state's wrongful death statute.

Who are the beneficiaries of a wrongful death case in Missouri and Kansas?

The beneficiaries in Missouri are the following:

  • Class 1 beneficiaries. The spouse, children, the line of descendants of any children (natural, adopted, legitimate, or illegitimate) who are deceased, or the mother or father of the decedent (natural or adoptive).
  • A sibling of the decedent (or the sibling’s descendants), if no Class 1 beneficiaries exist.
  • A court approved “plaintiff ad litem.”

The beneficiaries in Kansas are the heirs of the decedent. The heirs normally include the spouse, children, and parents of the decedent. Grandchildren and other relatives may also qualify. An heir may also include an unborn child. Wrongful death actions can be filed if an unborn fetus dies due to the negligence of others.

What compensation can families receive for wrongful death claims in Missouri and Kansas?

Missouri wrongful death damages

Our Kansas City wrongful death attorneys seek the following damages in Missouri:

  • The funeral expenses
  • Any outstanding medical bills
  • The loss of your family member’s income
  • The loss of medical, retirement, and other benefits
  • The loss of inheritance from the decedent
  • The value of the services and goods your family member would have given
  • The loss of guidance, comfort, education, and care from a family member
  • The loss of companionship, society, and love from your family member
  • The loss of consortium

In appropriate cases, a defendant may also be required to pay punitive damages. Our Missouri wrongful death attorneys can explain what compensation, including lost earnings, families can receive if the decedent was a minor or if they had only had partial or no employment, and were responsible for a dependent.

There is no general wrongful death damage cap in Missouri, although caps may apply in medical malpractice cases.

Kansas wrongful death damages

Our Kansas City wrongful death attorneys seek the following damages in Kansas:

  • The funeral and burial costs
  • The loss of income and other economic losses
  • The suffering, mental anguish, and grief of the heirs
  • The loss of comfort, protection, companionship, and society from the decedent
  • The loss of advice, attention, and marital care
  • The loss of care and guidance from a parent
  • The loss of filial attention or care

Wrongful death damages in Kansas may also include the advancement of any costs for the care of your loved one.

Kansas law places limits on certain wrongful death non-economic damages.

Structured settlements

In cases where the beneficiaries include minor children or anyone with special needs, we may negotiate a structured settlement. This type of settlement creates a trust or annuity that makes payments for the children until they’re eligible to receive their share of the wrongful death recovery.

What are the challenges in filing a wrongful death claim in Missouri and Kansas?

Two of the main challenges in a wrongful death case are the following:

There may be a criminal case

In some cases, such as drunk driving accidents, the government may file a DUI charge against the driver. However, there is no requirement that criminal charges be filed before a wrongful death case can be pursued.

Obtaining evidence in a wrongful death case requires experienced lawyers

Our Kansas City wrongful death claim lawyers have the experience and resources to show what caused your loved one to die and who is responsible. We can prove responsibility even though your family member is not alive to testify. We do this, depending on the cause of death, by:

  • Working with the police
  • Working with liability experts, such as investigators, traffic reconstruction experts, product liability experts, physicians who can explain why medical malpractice occurred, and other experts
  • Using the discovery process to question the defendants and everyone with knowledge of the cause of your loved one’s death
  • Using the discovery process to obtain all relevant documents and other evidence

Why do families choose your Kansas City wrongful death lawyers?

When a loved one dies, families select our lawyer for many reasons, including the following:

Our compassion. We understand how traumatic it is when any family member dies. We appreciate how especially upsetting it is when a death was preventable. Our lawyers listen to family members’ concerns and their memories of their loved one.

Our advocacy skills. We promptly investigate the cause of the accident to determine who is responsible. We work with liability experts and with experts who can help place a value on your wrongful death claim. Our trial lawyers anticipate the arguments that insurance companies and defense lawyers will make to try to deny liability or limit damages.

While many cases settle, we’re always ready to argue your case before local juries, including the following counties:

Kansas City wrongful death FAQs

How much time do I have to file a wrongful death case in Missouri and Kansas?

Generally, the statute of limitations for wrongful death claims in Missouri is within three years from the date of death of the decedent.

In Kansas, wrongful death claims must be filed within two years.

Exceptions in both states may apply. Claims involving governmental entities may be subject to special procedural requirements. Medical malpractice wrongful death claims may involve different limitation periods or “statutes of repose.”

Don’t wait. Contact us as soon as you can.

Why should families hire a wrongful death lawyer?

Our lawyers help families mourn for their loved ones while we focus on holding the responsible parties accountable.

At Kansas City Accident Injury Attorneys, we have decades of combined experience preparing personal injury and wrongful death cases, negotiating settlements, and presenting your case before a judge and jury.

We’re available to answer your questions, explain the rights of the family members, and fight for all the compensation your family deserves.

Can multiple family members recover compensation?

Yes. Both Missouri and Kansas have wrongful death laws that determine which family members can receive compensation. Generally, the spouse and children can all receive compensation. In some cases, other family members may be entitled to compensation. We can explain who can receive compensation and in what proportions or amounts.

How long does a wrongful death case take?

The time varies from case to case. Some of the factors that affect the timeline of wrongful death cases include:

  • Whether liability is contested
  • The number of defendants involved
  • The amount of insurance coverage

We have the experience to move wrongful death cases as quickly as possible, while ensuring that we seek the compensation your family deserves.

Can a wrongful death case go to trial?

Yes. If the insurance companies for the defendants fail to make a fair settlement offer, our Kansas City fatal accident lawyers can present your case to a judge and jury. Our lawyers have extensive jury trial experience. We can also prepare your family members, so they know what to expect.

What if the deceased was partially at fault?

Under Missouri’s pure comparative fault system, if the deceased was partially at fault, the wrongful death recovery is reduced by their percentage of fault.

Kansas uses a modified comparative fault rule. This means that a wrongful death case can proceed if the decedent’s fault is less than the combined fault of the other responsible parties.

Where do your Kansas City wrongful death attorneys meet clients?

Our Kansas City, Missouri office is located at 510 Walnut Street, Suite 100, close to City Hall.

By appointment, we also meet with clients in Missouri. The office locations are Lee’s Summit, Blue Springs, St. Joseph, and Parkville. Our Kansas locations are Overland Park, Victory Hills, and Olathe.

We also discuss cases by phone or through online video. Our attorneys can guide you through each step of the claims process.

Get help from Kansas City Accident Injury Attorneys now

We understand how traumatic losing a family member is. Our wrongful death attorneys are here to help your family obtain justice. We’re ready to fight the insurance companies and defense lawyers today.

Please phone us or fill out our contact form to schedule a free consultation. We handle wrongful death claims on a contingency fee basis.

wrongful death attorneys in KC

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