Death is never simple. In case the death is caused by the negligent or reckless behavior of another party, you have the right to seek justice through a legal process. A wrongful death lawsuit provides families with the opportunity to hold responsible parties that are negligent. It can also provide for future compensation. If faced with this in Missouri, it is advisable to speak with an experienced and affordable personal injury attorney in Kansas City. This article captures the key highlights regarding wrongful death claims. It also illustrates the reason why attorney involvement at an early stage is advisable.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a court case that is filed when a person dies due to the negligence of another. The negligence may be caused by:
- A car or truck accident
- Medical errors or malpractice
- Defective or hazardous products
- Hazardous working conditions or injuries
- Assault or homicide as criminal offenses
The lawsuit is attempting to hold the company or person liable. It is attempting to recover money for expenses and damages from death.
Why Call a Lawyer Early?
You should seek out a wrongful death lawyer as soon as you think the death wasn’t your loved one’s fault. You need to act fast for several reasons:
- Evidence vanishes quickly. People forget what occurred. Physical evidence or documents get lost or destroyed.
- Legal timetables are not flexible. Missouri law generally allows two years to file a lawsuit. Miss that, and you’re out of luck.
- The legal process of insurance is laborious. Insurance companies can attempt to resolve quickly with less money or reject claims. An attorney will know how to protect you.
- You deserve honest advice. A lawyer explains your options and rights so that you can make sound decisions.
Prompt legal advice improves your chances of success and receiving fair money.
What an Attorney Does for You in a Wrongful Death Case
A Kansas City wrongful death lawyer will:
- Investigate what happened. They get police reports, medical histories, and witness statements.
- Determine who is to blame. They determine who caused the death and why.
- Request an estimate of damages. They determine how much money you can recover, along with fees, lost wages, and pain.
- Finish your claim in the proper way. They make sure all documents meet the law and deadlines.
- Negotiate with insurance companies. They attempt to obtain the best settlement.
- Litigate on your behalf. Your lawyer represents you to a jury or judge if the case is tried.
A quality attorney enables you to spend time with your family while they handle legal documents.
Who Can File a Wrongful Death Suit in Missouri?
Missouri statute limits individuals who can sue for wrongful death. Relatives who can sue include:
- Spouse or civil partner
- Children (stepchildren or adopted children)
- Parents if there is no spouse or child
- Others who relied on the decedent for finances
If you are unsure if you qualify, contact an attorney. They will explain your rights and whether you can sue.
What Damages Can You Recover?
Wrongful death damages generally cover most of the losses caused by the death. They generally include:
- Medical costs before death. Hospital bills or treatment costs shortly before the loved one died.
- Funeral and burial costs. Reasonable funeral and burial or cremation costs.
- Loss of support and earnings. Earnings the decedent would have made to support the family.
- Loss of companionship. Awards for emotional distress, loss of guidance, and care.
- Other monetary losses. Fees like home services provided by the decedent.
- Every case is different. An attorney will review your case with you and inform you about what damages you are entitled to.
Missouri’s Time Limit to File
You usually have two years from the time of death to file a wrongful death suit in Missouri. It is a firm deadline. If you are late, the court will most likely dismiss your case. There are certain special circumstances where the deadline is shorter or longer. For example, cases against governmental agencies typically have such special time limits. Only an attorney can tell you exactly what applies in your case. Don’t delay in obtaining legal process help. The clock starts running as soon as death.
What occurs after a Wrongful Death case is brought?
As soon as the suit is filed, the lawsuit begins. This entails:
- Discovery. The parties exchange evidence and information.
- Settlement negotiations. Lawyers negotiate a fair settlement. Most cases are resolved without going to court.
- Trial. If no settlement is reached, the suit goes to trial. A judge or jury decides if the defendant is liable and what damages to award.
Your lawyer will guide you through every step and inform you along the way.
Common Hurdles in Wrongful Death Cases
Wrongful death cases are complicated. Some things you may run into:
- Proving fault. The other side may not want to admit fault or claim it is your fault.
- Dealing with insurance companies. They always want to pay out the least they can.
- Dealing with emotional trauma. Losing someone you love is hard, and lawsuits are stressful.
A good lawyer walks your hand through all this. They fight for you to get the best result.
FAQs about Filing a Wrongful Death Claim in Kansas City
1. What do I have to prove in a wrongful death claim?
You need evidence like police reports, medical reports, photographs, and witness depositions. Experts may also give opinions regarding cause of death. A lawyer will collect and retain this evidence.
2. Can I bring a wrongful death action if death resulted from an accident?
Yes. If the accident was negligently caused by another, you may bring the action. Negligence, as opposed to intent, is enough to bring a wrongful death action.
3. How is a wrongful death attorney paid?
Most attorneys who handle wrongful death cases work on a contingency fee basis. They only get paid if you do. It’s usually a percentage of your award or settlement. Talk to your lawyer before they start working for you.
4. Can I sue a government agency for wrongful death?
You can, but there are special rules and reduced time limits for suing a government agency. It’s a good idea to hire a lawyer specializing in these kinds of cases.
5. What if the person or company who is responsible does not have insurance?
You can still sue. The lawyer can look for other ways to recover such as personal assets. There are some cases with multiple defendants or policies.
Endnote
It is a Kansas City wrongful death matter that must be handled urgently. In case you believe your loved one died due to the negligence of another party, you should consult a lawyer as soon as possible. A lawyer will inform you of your rights and offer legal advice.
Missouri statute puts time limits on you to sue. Failure to meet deadlines shuts your case down before it ever gets started. A wrongful death attorney protects the interest of your family and advocates for reasonable compensation. You’ve lost a loved one because of the negligence or wrong act of another. Don’t wait. Call a skilled local Kansas City wrongful death attorney today.
