What is wrongful death?
A wrongful death occurs when someone dies by the actions of another individual who were negligent. It may be from a vehicle accident or a fall, or possibly a violent crime. When a wrongful death occurs, there are certain rights afforded, by law, to the family. Under Missouri law, certain people can sue. That means they can ask for money for what they lost. This doesn’t bring the loved one back, but it helps ease the harm. The lawsuit doesn’t send someone to jail. It’s not criminal. It’s civil. It’s about making the person or business pay for the loss they caused.
Who is Eligible to File a Wrongful Death Claim?
In Missouri, only some people can file a wrongful death action. This is the order of preference:
1. Spouse, children or parents
2. Siblings (if there are no spouse, child or parent)
3. Court appointed person (if necessary)
That person files the case for the family. The court will only accept a case from someone who fits these rules.
Common Causes of Wrongful Death in Kansas City
These are the most common types of wrongful death cases in the Kansas City area:
- Car wrecks caused by drunk, distracted, or reckless drivers
- Truck crashes, often from speeding or tired drivers
- Medical mistakes, like bad surgery or missed diagnosis
- Falls at worksites or unsafe stores
- Nursing home neglect or abuse
- Fires or explosions from bad wiring or unsafe buildings
- Crimes, such as shootings or assaults
In all these cases, someone failed to act safely. That failure caused death.
What Can Families Get From a Lawsuit?
The law allows families to ask for money. This helps cover what they lost. It also helps hold the other side responsible.
You may be able to get:
- Funeral and burial costs
- Medical bills from before the death
- Loss of money the person would have earned
- Loss of care, help, and guidance
- Loss of love and emotional support
- Pain and grief the family now feels
In some cases, courts may also give extra money to punish the person or business. This is called punitive damages.
How a Kansas City Lawyer Supports Families
A wrongful death lawyer is not just legal help. They are someone who can stand by you when you feel lost.
1. They explain your rights
Most people have never filed a lawsuit. The process is new. Your lawyer will explain each step clearly.
2. They find the truth
They gather records, photos, expert reports, and witness accounts. They build a strong case based on facts.
3. They deal with insurance
Insurance companies try to settle for less. A lawyer knows how to push back.
4. They meet the deadline
Missouri gives you three years to file. Miss it, and you lose your right. Lawyers make sure this doesn’t happen.
5. They go to court if needed
If the other side won’t pay fairly, your lawyer will fight in court and do all the legal paperwork. They’ll argue your case and show the jury what happened.
The Legal Process: What to Expect
Filing a wrongful death lawsuit has many steps. A lawyer helps guide you through them:
- Case Review – They meet with you and check your documents.
- Investigation – They collect records and talk to experts.
- Filing the Claim – The lawyer files legal papers in court.
- Settlement Talks – Most cases settle before trial.
- Trial – If needed, they take the case to court.
Each case is different. Some wrap up in a few months. Others take more than a year.
Can the Family Afford a Lawyer?
Yes. Most personal injury lawyers don’t charge upfront. This is called a contingency fee. That means:
- You pay nothing at the start
- The lawyer gets paid only if you win
- Their fee comes out of the final payout
You don’t need to worry about legal bills while you grieve.
What If the Person Who Died Was Also at Fault?
In Missouri, fault can be shared. This is called comparative fault. If the person who died was partly to blame, the family may still get money. But the amount is reduced. Let’s say they were 20% at fault. The court would cut the money by 20%. A lawyer will work to prove the other side was mostly at fault.
Wrongful Death vs. Criminal Charges
Sometimes a wrongful death is also part of a crime. Like when someone is killed by a drunk driver or in a shooting. The criminal case is separate. That case is handled by the state. A wrongful death case is filed by the family and is about money. You can still sue even if there’s no arrest. Or even if the person was found not guilty. The law has different rules in civil court.
How to Choose the Right Lawyer
Here’s what to look for in a wrongful death lawyer:
- Past cases: Have they handled cases like yours?
- Local knowledge: Are they based in or near Kansas City?
- Clear answers: Do they explain things simply?
- Respect: Do they listen to you and care about your story?
Avoid lawyers who push you to sign fast. A good lawyer gives you time to think.
What to Bring to Your First Meeting
Your first meeting with a lawyer is free. To make the most of it, bring:
- A copy of the death certificate
- Medical records
- Police reports or crash reports
- Photos or videos
- Names of any witnesses
- Funeral bills
- Pay stubs or tax forms showing lost income
Even if you don’t have it all, bring what you can. The lawyer will help you collect the rest.
Why Act Now?
Waiting makes things harder. Here’s why:
- Records can get lost
- Memories fade
- Witnesses may move or forget
- You could miss the 3-year deadline
Even if you’re not ready to file, talking to an affordable personal injury lawyer in Kansas City early helps protect your rights.
FAQ for Kansas City Wrongful Death Lawsuits
1. If we lose, do I have to pay a fee to the attorney?
No. If the attorney is working for a contingency fee, you would not owe the attorney anything, and attorneys would only get paid when the client wins.
2. How much money can we recover?
It depends on many factors: lost wages, medical expenses, pain etc. Every case is different.
3. Can we sue if the person responsible for the death is in jail?
Yes. You can sue for a civil cause of action even if there is a pending criminal case. They are separate from one another.
4. What if the person who died didn’t work?
You can still sue. Love, care and support are all just as valuable as wages lost.
5. Do I have to live in Kansas City in order to bring a suit in Kansas City?
No. If the death occurred in Kansas City, you can bring the suit there.
Final Words
Wrongful death changes a family forever. It leaves pain, questions, and a deep hole. Filing a lawsuit won’t fix that. But it can help bring answers. It can help with money for bills, and it can hold the person who caused it responsible. You don’t have to do it alone. A skilled and experienced Kansas City wrongful death lawyer can walk with you through every step. They listen, guide, and fight for your family.