Seeking Damages For a Wrongful Death in Missouri
Wrongful death can result from many different situations in which the negligence or wrongdoing of someone leads to a person’s death. A wrongful death claim could have occurred through a car or trucking accident, nursing home negligence, workplace accident, or many other various causes.
Families of the deceased victims can seek damages for medical expenses, funeral costs, loss of financial support, loss of companionship, and even compensation for their loved one’s pre-death pain and suffering.
Who Can File a Kansas City Wrongful Death Lawsuit?
Wrongful death can result from many different situations in which the negligence or wrongdoing of someone leads to a person's death. 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 team in Kansas and Missouri to help you throughout the process.
What Kinds of Accidents Could Trigger a Wrongful Death Claim?
Any incident leading to a personal injury claim if the victim had survived could potentially entitle survivors to a wrongful death claim. Typical wrongful death claims occur through:
- Car crashes. You could potentially sue a drunk, distracted, speeding, or careless driver who causes a collision that kills your loved one.
- Semi-truck collisions. 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 negligence. 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.
- Medical malpractice. When a medical professional makes a mistake that causes the death of a patient, surviving family members can file a wrongful death claim against the provider and the hospital. Surgical errors, medication mistakes, patient mix-ups, and misdiagnoses are examples of malpractice that could lead to legal action.
- Workplace accidents. 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.
- Preventable child deaths. Negligent daycare providers, pediatric medical mistakes, dangerous toys or furniture, and vehicle crashes kill many children every year. A wrongful death claim might be appropriate if you lose a child in a tragic accident.
- Criminal acts of another. Whether or not the individual is convicted of a crime, you can hold a person who caused the death of your loved one accountable through a civil wrongful death lawsuit.
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.
Who Can File a Kansas City Wrongful Death Lawsuit?
In Kansas and Missouri, the law states who can be appointed as the personal representative—surviving spouses, parents, children, and grandchildren—and thus who can file the lawsuit. If your loved one has died because of someone else, whether through a negligent or intentional act, you may be entitled to compensation and should contact an attorney immediately to protect your rights. 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
A wrongful death attorney can quickly determine if you have grounds for a claim in a free consultation.
Why You Need to Hire a Wrongful Death Lawyer
It can be challenging to think about taking legal action while dealing with a family member’s tragic loss, even if the death was caused by negligence. Fortunately, when you contact Foster Wallace, 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. We 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.
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Contact Kansas City Wrongful Death Lawyers Michael Foster and Brian Wallace
If your loved one has died due to the negligence of someone else in Kansas or Missouri, you need to speak with an experienced wrongful death lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.249.2101 to schedule your free consultation. If you're not ready to talk, but still want to learn more about your rights, allow us to mail you a complimentary copy of Anatomy of a Personal Injury Claim: A Guide to the Legal Process in Kansas and Missouri.