According to statistics from the Missouri State Highway Patrol, there were 20,494 total crashes in Kansas City, Missouri, in 2019, causing 8,717 injuries and 79 fatalities. Losing a loved one prematurely is one of the most heartbreaking occurrences anyone can experience in life. It is even more emotional if such death was caused by the negligence of another person. If you believe that the wrongful actions of another person caused the untimely death of a family member, you are within your rights to pursue fair compensation by filing a wrongful death claim against the liable party.
At Denning Law Firm, LLC, we are dedicated to offering knowledgeable legal guidance, support, and assistance to families of wrongful death victims. Our experienced Missouri personal injury attorneys can investigate all the surrounding facts of your case thoroughly, gather the necessary evidence, and help you file a wrongful death claim. We will fight diligently to protect your legal rights and help you seek fair financial compensation to cover outstanding medical expenses, burial and funeral costs, lost income and benefits, and loss of consortium.
Denning Law Firm, LLC proudly serves clients throughout Kansas City, Missouri, Overland Park, Kansas City, Kansas, and surrounding areas.
Under Missouri law, wrongful death is defined as an avoidable death that occurred as a result of "any act, conduct, occurrence, transaction, or circumstance" of another person.
According to Kansas law, a "wrongful death" occurs when "the death of a person is caused by the wrongful act or omission of another."
The purpose of a wrongful death claim is to hold the responsible party liable. No amount of financial compensation is ever sufficient to fill the void left by the death of a loved one. However, by filing a wrongful death claim, the decedent's family members can get a much-needed financial boost to cover outstanding medical bills incurred before the victim's death, lost income and benefits, burial costs, funeral expenses, and the reasonable value of services, companionship, instruction, guidance, counsel and support as a result of the death of your loved one.
To establish a wrongful death claim in Missouri or Kansas, the plaintiff must show that:
The defendant owed a legal duty of care to the decedent.
There was a breach in the legal duty of care.
A death occurred.
The victim's death was due to the defendant's negligent or wrongful actions.
The surviving family members suffered actual damages due to the death.
In Kansas, an "heir at law" of the deceased is allowed to initiate a wrongful death lawsuit. These include:
The surviving spouse
Any surviving child or children
The surviving parents or grandparents
The surviving siblings of the deceased person
Under Kansas Statutes Section 60-513(a)(5), you have two years from the date of the victim's death to bring a wrongful death action against the at-fault party in civil court.
In the state of Missouri, the following individuals may file a wrongful death claim:
First in line, the surviving spouse, parents, children, or children's descendants of the decedent
Next, the decedent's surviving siblings or their descendants
Next, a "plaintiff ad litem" appointed by the Missouri court to handle the claim
Under Missouri Revised Statutes Section 537.100, a civil remedy to recover damages for wrongful death must be commenced within three years from the date of the victim's death.
Damages for wrongful death lawsuits are paid to the deceased person's survivors or estate, or for the benefit of the surviving loved ones. The following damages may be recovered by filing a wrongful death claim:
Medical bills incurred before the victim's death
The value of wages and benefits the decedent would have earned if they were alive
Funeral costs and burial expenses
Any pain and suffering experienced by the deceased person before their death
The reasonable value of the services, comfort, guidance, companionship, consortium, training, counsel, and support the deceased person would have provided to their surviving family members
At Denning Law Firm, LLC, we are passionate about helping families achieve justice, closure, and fair compensation in their wrongful death cases. As your legal counsel, we will review and investigate all of the facts of your case, gather required documentation, and help establish that the defendant's wrongful actions caused your loved one's death.
Our team will fight vigorously to represent your best interests and hold the responsible parties accountable. We will help recover deserved compensation for your injuries, damages, or loss. Having our team on your side can increase your chances of the best possible outcome in your wrongful death claims.
If you have lost a spouse, child, parent, or someone close to you as a result of another party's negligent actions, you may seek fair compensation. Contact Denning Law Firm, LLC today to schedule a simple case assessment. Our attorneys can offer you the comprehensive legal counsel, support, and compassionate representation you need to pursue your wrongful death claims. We're proud to serve clients throughout Kansas City, Missouri, Overland Park, Kansas City, Kansas, and surrounding areas. Call us today to get the help you need.