Wrongful Death in Missouri: Legal Guide for Kansas City Families
Losing a loved one stings. Losing someone due to the negligence of another person stings even more. Missouri allows families to file for wrongful death, which ensures funds are recovered for medical bills, funeral costs, and lost income. This guide gives an overview of how wrongful death cases work in Kansas City, who may file, what damages one can recover, and why the services of an attorney are needed.
What Is Missouri Wrongful Death?
Wrongful death is the circumstance in which an individual passes away as a direct result of someone else’s careless or negligent behavior. Wrongful deaths also encompass deaths that occur as a result of companies’ or medical care providers’ negligence. The plan typically is that if the victim were alive, he or she would file a personal injury lawsuit. Because they are not, the law allows the victim’s family members to pursue the lawsuit.
Some of the most common causes of wrongful death in Missouri are:
- Automobile accidents caused by negligent drivers.
- Truck wrecks caused by speeding or driver fatigue.
- Doctor or hospital medical negligence.
- Nursing home neglect or abuse.
- Industrial accidents caused by hazardous conditions.
- Defective products sold to consumers.
Each situation is unique. The concept is to prove that the death could have been prevented if someone had been in charge.
Who Is Eligible to File a Wrongful Death Claim in Missouri?
Missouri code dictates stringent rules of who may sue for wrongful death. The spouse and the next-of-kin are given priority under Missouri code.
The rule is usually:
- Spouse, children, or grandchildren.
- Parents of the decedent.
- Brother, sisters, nieces, or nephews, when closer relatives are not present.
- Plaintiff ad litem, selected by the court when no relative is eligible.
A plaintiff ad litem is one who represents the estate and is responsible for defending the rights of all heirs. Right to sue is founded on the creation of legal relationships. Step-children, for example, will not be covered unless adopted.
What kind of damages are recoverable in Missouri Wrongful Death Cases?
Damages are recoverable monies for families in a wrongful death action. Missouri courts allow recovery on several types of damages.
- Medical expenses related to cause of death or terminal illness.
- Funeral and burial expenses paid by the family.
- Loss of income and benefits the victim would have earned.
- Loss of care, guidance, and companionship to surviving family.
- Pain and suffering endured by the victim before death.
Missouri does not limit most cases of wrongful death, as some do. Families do have one exception in medical malpractice cases that are limited.
The Statute of Limitations for Wrongful Death in Missouri
Families cannot file forever. The Missouri statute does have a time limit called the statute of limitations. For wrongful death, most have three years from when the person died. If the families do not get this done on time, the court is likely to reject the claim. No recovery whatsoever, period. Because of this, it is advisable to speak to a Kansas City Wrongful Death Lawyer as soon as possible.
Why Kansas City Families Should Hire a Wrongful Death Attorney
Complex wrongful death claims have legal documents, medical documents, and insurance providers. Families have no time and expertise to deal with those in their grieving process.
A Kansas City wrongful death lawyer can:
- Investigate the cause of death.
- Acquire police, medical, and expert reports.
- Calculate total financial damages.
- File the claim before time limits expire.
- Handle insurance providers.
- Represent the family in court if required.
Availability of legal services from the lawyers facilitates the families to focus on recovery without losing their rights.
Process in a Missouri Wrongful Death Claim
There will be steps each case will have to go through, but the details will vary.
- Case Review – Attorney evaluates facts and evidence.
- Filing the Petition – Claim is filed in the Missouri court.
- Discovery – Parties share records and witness depositions.
- Negotiation – Most cases settle before trial.
- Trial – If no fair resolution, case is decided by judge or jury.
The legal process may take years or months depending on the case. Families should be ready for a long process but know ground can be made.
Most Common Defenses Used in Wrongful Death Cases
Defendants will typically try to blame. Their lawyers or insurance adjusters will say:
- The victim’s own actions brought about death.
- Someone else did it.
- The alleged damages are unconscionable.
These protests are frustrating, but veteran lawyers know how to answer. Good evidence cures these games.
Help Beyond a Wrongful Death Settlement
In addition to wrongful death damages, families might receive additional types of relief. Such as:
- Life insurance settlement if the victim was insured by life insurance.
- Death benefits through workers’ compensation if the victim met his or her death at work.
- Government benefits including Social Security survivor benefits.
A lawyer can explore all the options so the families don’t overlook them.
FAQs About Wrongful Death in Missouri
- How long do Missouri wrongful death cases take?
Some settle in a few months. Others settle in one to three years, especially if they go to trial.
- Can multiple members of the family bring the same wrongful death action?
No. One action is filed, but it’s in the name of all qualifying heirs under Missouri law.
- What documentation do families need in a wrongful death action?
Families need medical records, police reports, statements from witnesses, and possibly expert opinion. These determine cause of death and fault.
- Must wrongful death actions be tried?
No. The majority are resolved out of court through negotiation. Trial only happens when a reasonable settlement isn’t possible.
- A Kansas City wrongful death lawyer, how much does he or she cost?
The majority practice on contingency. The family pays nothing unless the lawyer wins money for them.
Endnote
Missouri wrongful death lawsuits provide access to justice for bereaved families. They permit monetary relief for expenses and validation of the loss due to negligence. Kansas City families should be aware of their rights, do it in time, and talk it over with an attorney. An experienced Kansas City personal injury attorney can assist in defending your loved one’s memory and your family’s future.
