Understanding Wrongful Death Claims in Missouri
Losing a beloved family member is always difficult, under any circumstances. But if your loved one’s death was...
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Compassionate Wrongful Death Lawyers Who Fight For You
Losing a loved one due to someone else’s negligence is devastating, leaving families with emotional pain and financial burdens. Whether the wrongful death resulted from a car accident, medical malpractice, workplace incident, or another act of negligence, a Kansas City wrongful death lawyer will fight for the closure your family deserves.
At Foster Wallace, we have over 45 years of combined experience helping our clients rebuild their lives. Our personal injury attorneys will help you get the wrongful death damages you need. We provide compassionate legal guidance and aggressive representation to hold the responsible parties accountable. Call today for a free consultation.
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Foster Wallace Personal Injury Lawyers fights for clients who have been wronged or injured, and we have the track record to prove it. Explore our case results to learn how our dedicated personal injury lawyers can advocate for your rights and work to obtain maximum compensation.
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$ 1.5
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$1,500,000 Settlement for Pedestrian Accident in Mission, Kansas
$ 250,000
Car Accident
$250,000 settlement for Cass County, Missouri wreck
Why You Need to Hire a Compassionate Wrongful Death Lawyer
It can be challenging to think about taking legal action while dealing with a family member’s tragic loss, especially if the death was caused by negligence. You can count on us to investigate the incident and inform you of your rights and options while you focus on the necessary tasks following a loved one’s death.
Our wrongful death attorneys in Kansas City will treat you with the utmost respect and compassion as we handle all communication with the liable parties, identify all damages to which you are entitled, and proceed with legal action.
We Handle a Wide Range of Wrongful Death Claims
Wrongful death can result from many different situations in which the negligence or wrongdoing of someone leads to a person’s death. As experienced Kansas City wrongful death attorneys, we are familiar with the most common causes of wrongful death claims, as well as the less common ones. While these are the most common causes of wrongful death claims we see, any incident in which the negligent actions of an individual or entity cause the death of a family member could potentially lead to a wrongful death claim in Kansas and Missouri.
Our legal team includes:
Car Accident Lawyers
You could potentially sue a drunk, distracted, speeding, or careless driver who causes a collision that kills your loved one.
Truck Accident Lawyers
Crashes between commercial semi-trucks and passenger cars are often fatal for smaller vehicle occupants. A wrongful death claim can hold the truck driver and their employer accountable for their negligence.
Nursing Home Abuse Lawyers
A death caused by substandard care, understaffing, medication mistakes, or outright abuse of a nursing home resident could be grounds for a wrongful death claim against individual care providers as well as the owners of the nursing home.
Work Accident Lawyers
If your loved one worked in a dangerous environment and their employer did not provide adequate protection, the employer could be liable if a fatal accident occurred.
Pedestrian Accident Lawyers
When a person on foot is struck by a vehicle, the chances of serious injury or death are high due to the lack of protection. These accidents often happen in crosswalks, intersections, or areas with poor lighting or signage.
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What Counts as “Wrongful Death” in Missouri?
In Missouri, a death is considered “wrongful” when it happens because of another person or party’s carelessness, reckless behavior, or intentional actions. This means the death could have been avoided if the other party had acted responsibly. The person or group at fault could be a driver, a doctor, a business, or even a government agency.
For example, if someone dies in a car crash caused by a drunk driver or from a medical mistake that should not have happened, it may count as wrongful death. Missouri law allows certain family members to file a wrongful death claim in these situations.
The key factor is that the deceased person would have had the right to sue for personal injury if they had lived. Since they cannot file the lawsuit themselves, their loved ones can step in to seek justice and compensation on their behalf.
A Kansas City fatal accident lawyer can help your family understand your rights during an initial consultation.
Do You Have a Wrongful Death Claim?
If you lost a loved one in an accident or act of negligence, you might be able to file a claim for damages to recover your financial losses and to hold the negligent party accountable for their actions. You can trust our compassionate and experienced wrongful death lawyers in Kansas City to help you throughout the process.
To bring a wrongful death suit to court, you must show:
- The death of a person
- The cause of death was directly tied to another person’s negligence or harmful intent
- Monetary suffering of the decedent’s family members caused by the death
- You are a personal representative appointed for the decedent’s estate
Any incident leading to a personal injury claim, if the victim had survived, could potentially entitle survivors to a wrongful death claim. If you are not sure whether you have a valid claim, contact us. Our wrongful death lawyers will review your case and outline your options.
Seeking Damages for a Wrongful Death
If your loved one died in a preventable accident caused by a negligent party, as a surviving family member, you can recover your losses. We will help you calculate all your past and ongoing losses, as well as any future expenses related to your deceased family member.
Families of the deceased victims can seek wrongful death damages for:
- Funeral and burial costs
- Medical expenses from the final injury or illness
- The income and benefits the person would have earned if they had lived (for a child, this is based on the parents’ income)
- Pain and suffering the person went through before passing away
- The value of the care, support, love, guidance, and help the person would have given their family
While no amount of money can truly compensate for the loss you suffered, the amount you recover can help you build a financially secure future for your family. Our Kansas City attorneys will fight for the maximum settlement after a wrongful death.
Who Can File a Wrongful Death Lawsuit?
In Missouri, the right to file a wrongful death lawsuit goes first to the deceased person’s spouse, parents, or children (or grandchildren if the children are deceased). If none of them are living, a sibling or their descendants may file.
If no eligible family members remain, the court can appoint a “plaintiff ad litem” to file the claim, but only if requested by someone entitled to a share of any compensation awarded.
If your loved one in Kansas City has died because of someone else, whether through a negligent or intentional act, you may be entitled to compensation and should contact a wrongful death attorney immediately to protect your rights.
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How To Prove Negligence in a Wrongful Death Case
Negligence means that someone failed to act with reasonable care and that failure caused another person’s death. In a wrongful death case, proving negligence is often key to holding the at-fault party legally responsible.
To show negligence, four main elements must be proven:
- Duty of care: The person or party had a legal responsibility to act with care. For example, drivers must follow traffic laws to keep others safe.
- Breach of duty: They failed to meet that responsibility. This could mean texting while driving, running a red light, or making a medical mistake.
- Causation: That careless action (or inaction) directly caused the person’s death.
- Damages: The death resulted in measurable losses, such as funeral costs, lost income, and emotional suffering for the family.
We will work closely with your family to understand what happened, and we will use all available evidence to build a strong case against the at-fault party. Our wrongful death lawyers in Kansas City will help you protect the memory of your loved one.
Types of Evidence We Use to Strengthen Your Claim
Wrongful death lawyers use a variety of evidence to show that another person or party was legally at fault for a loved one’s death in Kansas City. To prove negligence, they must demonstrate that the responsible party failed to act with reasonable care and that this failure caused the death. By collecting and organizing this evidence, our wrongful death lawyers build a strong case to show that the at-fault party’s actions (or failure to act) led directly to the preventable death.
Here are common types of evidence lawyers use:
Accident reports
Police or official reports often contain details about how the death happened, who was involved, and any citations or violations.
Medical records
These show the cause of death and link it to the injuries suffered due to the accident or incident.
Witness statements
People who saw what happened can provide critical accounts of events and support the claim of careless or reckless behavior
Expert testimony
Medical, accident reconstruction or industry experts can explain how the death occurred and how it could have been prevented.
Photographs and video footage
Images from the scene, traffic cameras, or security video can visually support the timeline and cause of the incident.
Employment and financial records
These help calculate damages by showing lost wages, benefits, and the economic impact of the death on surviving family members.
Safety records or company policies
In cases involving businesses or employers, records showing repeated violations, lack of training, or poor safety measures may show negligence.
Understanding the Difference Between a Wrongful Death Claim and a Criminal Homicide Case
In Missouri, a wrongful death claim and a criminal homicide case are two very different legal actions, even though they may involve the same death. It’s also possible for both cases to happen at the same time. For example, someone may face criminal charges for causing a death and also be sued by the family in a wrongful death claim.
Wrongful Death Claim
A wrongful death claim is a civil lawsuit filed by the deceased person’s family, as per Missouri Revised Statutes § 537.080. Its purpose is to recover financial compensation for the losses caused by the death, such as funeral costs, lost income, and emotional suffering.
These cases are handled in civil court, and the person bringing the lawsuit must prove the other party was responsible by a “preponderance of the evidence,” which means it was more likely than not that they caused the death.
Criminal Homicide Case
A criminal homicide case, on the other hand, is filed by the state government, not the family. It is meant to punish the wrongdoer with criminal penalties, such as jail time or fines. These cases are tried in criminal court, and the prosecution must prove guilt “beyond a reasonable doubt,” which is a much higher standard of proof.
Our wrongful death lawyers focus on helping families in Kansas City pursue compensation and justice through civil claims.
Statute of Limitations for Wrongful Death Lawsuits
In Kansas, the statute of limitations for wrongful death claims is two years from the date of the person’s death. This rule is defined in state law and strictly enforced.
Missouri provides more time than Kansas. The statute of limitations for a wrongful death claim in Missouri is three years from the date of death. Like in Kansas, this deadline is firm, and missing it will usually result in the case being dismissed by the court.
If you miss this deadline, you may lose your right to seek compensation, no matter how strong your case is. Starting the process early gives us time to gather evidence, build your case, and file the lawsuit before time runs out.
There may be rare exceptions that change the deadline, such as if the person responsible is hiding or if the death involves a minor. However, these situations are limited, and it’s always best to speak with a wrongful death attorney as soon as possible to protect your rights in Kansas City. Waiting too long could cost you the chance to hold the at-fault party accountable.
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Contact Kansas City Wrongful Death Attorneys Michael Foster and Brian Wallace
If your loved one has died due to the negligence of someone else, you need to speak with an experienced Kansas City wrongful death lawyer as soon as possible. Contact us online or call our Kansas City office to schedule your free consultation.
