Losing someone special hurts. When the loss is caused by someone else’s carelessness, the pain runs deeper. An experienced Kansas City Wrongful Death Lawyer can help families secure justice in the form of wrongful death claims.
What Is a Wrongful Death Claim?
A wrongful death claim takes place when a person has passed away as a result of someone else’s mistake or carelessness. It could include:
- Car accidents
- Medical errors
- Dangerous materials
The law lets the immediate family members ask for money for their damages. That includes funeral bills, lost income, and pain. The claims can also stop the same from happening to others.
Who Can Bring A Wrongful Death Claim In Kansas City?
Not everyone can sue. Kansas law dictates who can. Usually, first in line are:
- A spouse
- Children
- Parents
If these individuals are not alive, other relatives might be eligible. An injury attorney assists in determining this. They review family relationships and outline your rights based on state law.
In certain situations, more than one individual might want to make a claim. If so, the court can consolidate claims or appoint one person to act as the leader. This prevents delays and confusion.
What a Kansas City Lawyer Does for You
An attorney gives you clear direction. They review the facts, collect proof, and organize documents. They handle negotiations with insurance companies. They take you to court if needed. Their goal is to help your family heal and hold the perpetrator accountable.
They can help you:
- Understand your legal options better
- Set clear goals for your case
- Avoid common legal mistakes
- Prepare yourself for tough times along the way
How the Process Works
Step 1: Free Meeting
Most lawyers start with a free consultation. You tell them what happened. They explain whether you have a case or not.
Step 2: Investigation
The lawyer gathers information. This can include police reports, video, and medical records. They take statements from witnesses. They also may have specialists determine how death happened.
Step 3: Filing the Claim
They file a formal complaint against you. This starts the process. The other party gets a copy and must respond.
Step 4: Settlement Discussions
The lawyer negotiates. They try to reach a fair agreement. If the two parties agree, the case ends here. This can be a cost- and time-saver.
Step 5: Trial (If Necessary)
If no agreement, the lawyer sues you in court. The jury finally decides. This takes more time but possibly awards a larger sum.
Damages You Can Recover
A wrongful death claim demands money to compensate you for your loss. This may include:
- Medical bills
- Bills for the funeral
- Lost income
- Loss of support and care
- Pain and suffering
- Loss of guidance (in children)
- Mental distress
Your lawyer advises you on what to ask for. They may employ experts to assess what your family has lost. This is in addition to future income and the emotional loss.
Why a Local Lawyer Matters
Laws vary from state to state. A Kansas City lawyer is aware of local rules and judges. They recognize the courts here. That could get your case moving faster and easier. They also may be acquainted with defense lawyers and the insurance companies within the area. This can make it easy to negotiate a reasonable settlement. They may also understand how juries in the area think, which is beneficial at trial.
Wrongful Death vs. Criminal Case
A wrongful death claim is a civil issue. That is to say, it is money, not prison. It has nothing to do with any criminal charges. Even if you are never charged or convicted in criminal court, you can still prevail in a civil action. Think about this: A criminal case punishes the perpetrator. A civil case gives money to the family. Both can happen at the same time.
Time Limits Matter
Kansas legislation imposes a time limit. Two years from the date of death, you can bring a claim. Procrastinate too much, and you’re out of luck. There are some extraordinary situations when the clock pauses, like if the cause of death was not immediate. Nevertheless, it’s always safe to act fast. The longer you wait, the harder it is to build evidence.
Common Challenges in These Cases
Wrongful death cases are challenging. Some of the common concerns are:
- Establishing fault
- Dealing with insurers
- High attorney fees
- Emotional trauma
- Court delay
- Family disputes
A good lawyer helps with all these. They explain things to you in simple terms. They keep you updated. They take care of work so you can focus on healing. They are also familiar with handling tough cases. The other party is perhaps denying liability. There are perhaps more than one or two liable parties. Your attorney can handle it.
What to Expect from a Lawyer
Choose one that specializes in wrongful death cases. Ask how many they have won. Make sure they are clear and respectful in answering. Choose someone who hears and answers your questions.
Some of these are good indicators:
- They work promptly
- They have dealt with similar cases
- They make the process easy to understand
- They operate on a “no win, no fee” basis
If they are making excessive claims without evidence, beware. Good solicitors don’t make exaggerated claims.
FAQs
1. What if the person who killed is bankrupt?
You still can sue. They may have insurance to cover it. A lawyer will look at all avenues.
2. Can someone else claim other than one?
Yes, but the court can join claims. One person typically speaks for the group.
3. Do I have to go to court?
Not necessarily. The majority of the cases settle without going to court. But your lawyer will be ready to go to court if there is a need.
4. How long do cases take?
Depends. Some settle within months. Others take years. It all depends on how complex it is.
5. Can I sue if the death was work-related?
Yes. You may have a claim for wrongful death and a workers’ comp claim. You can seek advice from an attorney.
Final Words
Wrongful death lawsuits aren’t merely about financial compensation. They give families a measure of peace and justice. A Kansas City personal injury lawyer understands how to guide you through it. You don’t have to do it alone. A skilled attorney gives you courage and support. They fight to uphold the memory of your loved one. Your loved one mattered. So does your case. Seek help from a person who cares and knows the law.
