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Dedicated Kansas City Wrongful Death Attorneys Here to Help You
Dealing with the loss of a loved one can prove to be an emotionally and physically challenging situation. The legal process for claims against wrongful death requires expert assistance. Our expert lawyers are here to help you deal with such difficult situations without enduring any further emotional and physical stress. They are readily available and fully equipped with relevant experience & knowledge to assist you at every step of all sorts of wrongful death lawsuits.
Find top wrongful death attorneys in Kansas City for expert legal support. Get assistance with wrongful death lawsuits and settlements from experienced lawyers.
Understanding Wrongful Death in Kansas City, Missouri
Missouri Revised Statutes 537.080 provides that any person whose death is caused by any action or conduct of another person who would have otherwise entitled the injured person to recover damages may be considered as wrongful death. However, a claimant may only sue an individual for wrongful death of any person as per the Missouri wrongful death statute.
Types of Wrongful Death Claims
A wrongful death may be caused by the following reasons:
- Medical negligence or malpractice
- Road accidents caused by driver’s negligence
- Accidents caused by mechanical fault
- Workplace hazard accidents
- Manslaughter due to criminal actions
Eligibility to File a Wrongful Death Claim
The spouse or children (natural or adopted) of the deceased person may sue for damages for wrongful death. Siblings of the deceased person or their descendants may sue in case of absence of spouse or children. In case the aforementioned persons are not present to sue, the court may appoint a suitable & requested person as plaintiff to sue the liable party for damages. However, such an appointment will be made on the application of any person who may be entitled to receive a share of damages in such cases.
Proving a Wrongful Death Claim
Your chances of winning a wrongful death suit may significantly improve if you successfully establish the following:
- Duty of care of the liable party
- Negligence of the liable party to execute the duty of care causing wrongful death
- Direct damages resulting from the wrongful death.
The aforementioned legal factors may be proved by medical records, witness statements, investigation reports & expert opinions.
Deadline for Filing a Wrongful Death Claim
According to Section 537.100 of Missouri Revised Statutes & Kansas City wrongful death law, a claim for damages may be filed within 03 years from the date of cause of action. However, if the liable party remains out of reach for notices or legal action during the initial period of 3 years, then the allowed time period to file a claim will be extended according to the period of absence of the liable party. The claimant may be allowed an additional period of one year to refile the claim in case of dismissal during the period of absence of the liable party.
Potential Damages in a Missouri Wrongful Death Case
Car accident wrongful death settlements in Missouri are covered under Section 537.090 of Missouri Revised Statutes. A jury may award pecuniary damages, funeral service expenses, emotional injury, and loss of support caused by wrongful death. Additionally, compensation may cover the suffering of the deceased caused by death.
Steps to Take After a Wrongful Death in Kansas City
Step 1
Contact authorities to report the incident.
Step 2
Ensure proper & timely collection of evidence to establish liability.
Step 3
Compile relevant evidence to support your claim.
Step 4
Contact an expert lawyer for wrongful death for timely filing of the claim.
When to Contact Kansas City Wrongful Death Lawyer
It is recommended that our expert attorneys be contacted as soon as possible after the collection of relevant documents & evidence. You should gather all the relevant information and documents i.e. police report, medical report, pictures, videos, and any other related evidentiary material your attorney feels is necessary to establish the claim.
For the detailed consultation with the attorney, make sure to prepare a list of questions before the meeting so that nothing important is skipped while discussing your case. Preparing a summary of all the facts beforehand can be the best strategy to move forward with your meeting. Make sure to discuss all the potential legal remedies and forums you can utilize to maximize the compensation.
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