Kansas City Wrongful Death Lawyer
Our Kansas City Wrongful Death Attorney is here to help you get answers
Few words can describe the agony family members suffer when they lose a loved one unexpectedly to an accident or injury. This pain and suffering are only intensified when the family knows that this death could have been prevented. If negligent actions resulted in the untimely passing of a person, it is considered a wrongful death.
Seeking compensation for the loss of your loved one is not foremost on the mind of the family when a wrongful death occurs. The family would like nothing more than to just have their loved one back in their lives. But filing a wrongful death claim serves a very important purpose for the family.
The loss of your loved one has caused you more than emotional trauma; it has also placed you in a difficult financial situation. The loss of income from your loved one can have a negative impact on your family and your future. When you file a wrongful death lawsuit, your family can stop worrying about these financial issues and concentrate on healing from their loss.
If you have lost a loved one as a result of an accident or injury caused by another person or business, you are encouraged to contact Kansas City wrongful death attorney Kevin A. Jones about your rights to make a claim for compensation. We offer free consultations and work on contingency, meaning we don’t get paid unless you win your case.
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What Qualifies As A Wrongful Death?
A wrongful death is exactly what the name implies – a death that happened because of someone else’s wrongful conduct. . If one of your loved ones was killed by the negligent, reckless, or intentional misconduct of someone else, you may have a wrongful death case.
It should also be understood that a wrongful death does not have to be one that occurs instantly at the scene of the accident. If a person has been injured from an accident and dies as a direct result of those injuries, even if it is at a later time, it still will qualify as wrongful death. In fact, injuries that do not immediately kill someone can be far most costly, both financially and emotionally, to the victim and his or her family.
If you are unsure if your case qualifies as wrongful death, you are encouraged to speak with a Kansas City wrongful death lawyer. Contact the law office of Kevin A. Jones for a free consultation today.
Types of Wrongful Death Cases
There are countless ways that a wrongful death can occur, but here are some situations where we most often see wrongful death cases arise:
- Car crashes, truck accidents, and motorcycle wrecks
- Construction accidents
- Defective vehicles and other dangerous products
- Medical errors (medical malpractice)
- Railroad accidents
- Bus and truck rollovers
- Criminal actions
- Construction accidents
- Dangerous working conditions
- Improper and inadequate supervision of children
- Pool drownings
- Boating accidents
- Drunk drivers
- House fires
- Nursing home abuse and neglect
- Dangerous property conditions (premises liability cases)
- Gun accidents
What Compensation is Available to Families Who Lost a Loved One Due to Wrongful Death?
The truth is, nothing will ever replace the loss of a loved one. But the law recognizes the right to bring a wrongful death lawsuit for important purposes. For starters, holding wrongdoers accountable for the harm they cause makes our communities safer. This is usually the surviving family’s foremost concern – they don’t want to see the same thing happen to anyone else.
Next, a wrongful death can cause an overwhelming amount of grief and confusion. Sometimes family members are left confused and looking for answers. Bringing a wrongful death lawsuit may expose the negligent and careless acts of an at-fault party, and bring some measure of closure to the victim’s family.
Wrongful death claims are also meant to help the immediate surviving family members get through this difficult time without financial hardship.
Your wrongful death lawyer Kansas City will request one or more of the following types of compensation in a wrongful death lawsuit.
If your loved one received medical care prior to their death for the injuries, you can seek compensation related to these costs.
Funeral and Burial Expenses
It should not be the burden of the family to cover these unexpected expenses. This type of compensation will be included in all wrongful death cases.
Future Earnings and Benefits
The wrongdoer may also be required to cover all future earnings and benefits that were lost as a result of this untimely death. If your loved one paid for health insurance or other benefits, this could be included as part of the compensation. Additionally, loss of contributions to a retirement fund may also be included. Your attorney will discuss with you what types of economic losses will be included in your compensation based on the facts of your case.
Mental Anguish and Emotional Suffering
This is a non-economic damage that may be applied to your case. This type of compensation will vary case by case. Your attorney will discuss this with you during your consultation.
Loss of Companionship and Services
Much like mental anguish, loss of companionship, and services is a non-economic type of compensation. This is compensation that is meant to help the family get through this difficult time.
Other forms of compensation may be available to you. Your attorney will review all types of compensation that are available to you based on your case.
These are damages that may be assessed against a defendant for deliberate, malicious, or intentional conduct. They are designed to punish the defendant and send a message so the same thing doesn’t happen again.
How to Prove A Wrongful Death Lawsuit
To win a wrongful death lawsuit and receive compensation for the death of a loved one, your Kansas City injury lawyer will have to show that the evidence in your case meets certain “legal elements.” These legal elements are:
- Duty of care – We must show that the defendant-wrongdoer had an obligation to act in a reasonably safe manner under the circumstances. This can be obvious in some cases, like car wrecks where the defendant has the obligation to drive carefully, but may require expert testimony in other cases, such as wrongful death cases resulting from medical negligence.
- Breach of duty – We must also show that the defendant breached its duty of care. This involves proving that the defendant acted in a negligent, careless, or reckless manner, and is often the primary disputed issued in the case. It is important to have an experienced wrongful death attorney to help you investigate the evidence needed to establish this element.
- Causation -. We must generally show that the defendant’s conduct was the “proximate cause” the victim’s death. That simply means the defendant’s negligence was the natural and direct cause of the death in question.
- Damages – Finally, you must prove that the injuries caused by the defendant’s conduct also resulted in legally compensable damages. Wrongful death case damages are often catastrophic, as it is difficult to imagine anything with a greater emotional and financial toll than an untimely death of a family member.
Establishing all of these elements can often be complicated and requires significant expertise. Our Kansas City wrongful death lawyer, Kevin A. Jones, has the experience, resources, and know-how to help you navigate these complexities and obtain the justice you and your family deserve.
Who Can File A Wrongful Death Lawsuit?
Under old Missouri common law dating back to the 1800s, family members of victims who were wrongfully killed had no recourse against the wrongdoers in civil courts. Any legal claims for personal injuries that resulted in someone’s death died as soon as the victim did. This created a huge void in the law, and left many family members who relied on the deceased for support without an adequate remedy at law.
Fortunately, in 1855, Missouri passed a wrongful death statute that gave Missouri families the right to seek accountability and redress against someone who kills a family member. Under the current version of Missouri’s wrongful death statute, the following parties have the right to make a claim for wrongful death:
- Surviving spouse
- Children (including adopted children)
- Parents (including adoptive parents)Grandchildren
In the event that the deceased does not have a spouse, parents, children or grandchildren, a wrongful death case can be pursued by a sibling, or possibly nieces and nephews. If the deceased is a child, the parents have the right to file a wrongful death claim.
Because the laws are very specific about this type of matter, it is important to consult with a Kansas City wrongful death attorney about who can legally make a claim based on the facts of your case.
When To File A Missouri Wrongful Death Lawsuit
A ”statute of limitations” is a law that “limits” the time period in which you can file your lawsuit. Over time, witnesses move, the evidence may be lost, and memories become distorted. To avoid these problems, the court limits the time a person has to file a lawsuit so that the case remains fair for both parties.
Missouri Law R.S.Mo. 537.100 states that under most conditions, a person has three years from the time of death to file a wrongful death lawsuit. However, if the death was a result of medical malpractice, Missouri Law R.S.Mo. 516.105 only provides two years from the time of death to file a claim.
It will always be in your best interest to speak with a wrongful death attorney as soon as possible after the death occurs. This will protect your rights to seek compensation and avoid any issues with the statute of limitations.
Contact A Wrongful Death Lawyer In Kansas City Missouri Today
The devastation that comes with losing a loved one in a fatal accident in Kansas City cannot easily be described. Lives are instantly changed, and many people find themselves facing not only emotional pain but also financial difficulties.
If you have lost a loved one due to a negligent act, you have the right to file a wrongful death claim. This claim will help you overcome the financial losses that you have experienced from this event, hold the wrongdoer accountable, and get the answers and closure you are looking for.
Our compassionate attorney understands that this is a very difficult time for you and that talking about your loss is very hard. We will make sure that you always feel that you have been treated with courtesy, caring, and dignity by each member of our staff.
We also understand that this is a difficult time for you financially. We would like to reassure you that we work on a contingency basis for all of our clients. What this means is that you never pay any upfront legal fees for our services. We only get paid if we obtain a financial recovery for you. We also front all litigation expenses, so you don’t have to worry about any out-of-pocket expenses while we pursue your case.
Starting from the free consultation until the day your case resolves, we will manage all of the legal aspects of your case and all interactions with the insurance company. This will help relieve some of the stress that you are experiencing and hopefully give you more time to be with your family and start the healing process.
If your family has suffered an untimely death due to the negligence of another party, contact the law office of Kevin A. Jones for a free, confidential, and compassionate consultation. We would be honored to help you in your family’s time of need.
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Why Choose Kevin?
Kevin offers a free, no-obligation consultation to people who have potential cases within his practice areas. During your consultation, Kevin will review your situation, answer your questions, and discuss your legal options.
In his first decade of experience, Kevin has tried and argued more cases in court than most attorneys have in their entire careers.
When you hire Kevin, you get Kevin. Not a paralegal, case manager, or a lawyer fresh out of law school. Kevin limits the number of cases he takes so he can give his clients the attention they deserve.
No Recovery = No Fee
Kevin takes cases on a “contingency” basis, meaning you only pay for his legal services if he succeeds in obtaining a verdict or settlement for you.
Book a free consultation!
Kevin A. Jones offers a free, no-obligation consultation to any person facing a legal problem. During your call, Kevin will review your situation, answer your questions, and inform you of your legal rights.