Gun Sitting on the CounterGun Negligence in Kansas City

Your family has been devastated. Someone else's negligent use of a gun killed your loved one. Kansas or Missouri may pursue criminal charges against the person who killed your spouse, child, parent, or sibling. A criminal conviction could result in jail time and justice, but it won't compensate you for your loss.

A civil wrongful death lawsuit may provide some compensation for your family's lost income, lost companionship, medical costs incurred by your loved one before death, funeral costs, pain, suffering, and other losses.

We understand that you likely have questions about wrongful death lawsuits, and you deserve answers before you decide whether to file a case. Below are the answers to some commonly asked questions about gun negligence wrongful death claims in Missouri and Kansas. Additionally, we welcome you to contact our Kansas City wrongful death lawyers at any time to schedule a free, no-obligation case evaluation.

Who Are the Potential Defendants in a Gun Negligence Wrongful Death Case?

Some of the potential defendants in a gun negligence wrongful death case include the:

  • Person who shot the gun. A person may be held liable for wrongful death if it can be proven that the shooter acted negligently or carelessly with their weapon, such as firing without proper safety precautions.
  • Gun owner. A gun owner may also be liable for wrongful death if they neglect to exercise a reasonable standard of care in the safekeeping of the gun, such as failing to secure it properly or leaving it where other people could access it.
  • Gun seller. The gun seller could be liable if they did not take the necessary steps to sell the weapon responsibly. For example, a gun seller may be liable if they fail to check the buyer's identification or conduct required background checks.
  • Gun manufacturer. The gun manufacturer could face liability in a wrongful death case if there is evidence that the weapon was defectively designed or had a manufacturing defect.
  • Business or property owner where the shooting occurred. A business or property owner could be liable for wrongful death if your loved one was killed on someone else's property that had inadequate or negligent security.

An experienced Kansas City wrongful death lawyer will thoroughly review what happened to your loved one to determine which of these parties may be liable for their death.

How Long Do I Have to File a Wrongful Death Case?

Each state has a wrongful death law limiting the time you have to bring a wrongful death case. If you file a lawsuit after this time, the defendant will file a motion to dismiss the case that the court will grant and you won't be able to recover damages. Accordingly, knowing how much time you have to file a case in court is essential.

The wrongful death statute of limitations is:

  • Two years in Kansas
  • Three years in Missouri

In some cases, the statute of limitations may be extended, but you shouldn't wait until the statute of limitations is almost up to contact a lawyer. Your lawyer may find more evidence to make strong arguments soon after your loved one's death. Additionally, you can avoid uncertainty and stress by talking to an experienced wrongful death attorney.

Who Can Help Me With a Wrongful Death Lawsuit in Kansas City?

It's challenging to grieve for a loved one and simultaneously pursue a wrongful death case. However, since you have a limited amount of time to file a lawsuit, you need to take action as soon as possible.

Michael Foster
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Kansas City Personal Injury Attorney