Who Can File A Wrongful Death Claim In Kansas City, Missouri?

It is life’s hardest experience to lose a loved one. It becomes all the more difficult when the deceased died as a result of the negligence of another individual. The state of Missouri permits a wrongful death action to be pursued by certain dependents and relatives. They permit the families to pursue justice and compensation. This book outlines who can sue, what they can recover, and how it is done in Kansas City, Missouri.

Table of Contents

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action that is brought after the death of an individual that was brought about by the fault of another person. The death may have been brought about by:

Car accidents
Medical negligence
Workplace accidents
Product defect
Crime

The foundation is to hold the party responsible to pay and render funds in the best interest of the survivors.

Who Can Sue?

Missouri statutes are clear about who may sue. Generally, immediate family members and some dependents may.

Spouses – A wife or husband can recover for loss of care, companionship, and support.
Children – Naturally born or adopted children can recover for loss of money and emotional distress.
Parents – Parents can sue in the event the child was a minor who died, to recover funeral costs and other damages.
Other Dependents – Adult children, siblings, or other dependents financially supported by the decedent may be eligible in limited circumstances.

The statute ensures that those most affected by death will be able to recover damages.

Types of Damages You Can Recover

Missouri allows families to recover for several types of damages in wrongful death claims:

Medical and Funeral Expenses – Medical bills covered for pre-death treatment and funeral charges.
Missed Services – Economic value the decedent would have made.
Loss of Companionship and Care – Emotional loss for losing a family member or loved one.
Pain and Suffering Before Death – Damages if the decedent endured pain before death.

The worth varies case by case and evidence of economic or emotional loss.

Deadlines for Filing: Statute of Limitations

Missouri is serious about deadlines to file:

You have three years from death to file your claims.
Waiting longer than that generally prevents you from filing a claim.

Don’t procrastinate and call a Kansas City wrongful death lawyer. Acting sooner preserves your family’s rights.

Filing a Kansas City Wrongful Death Claim: How To

Filing the claim is not complicated. There are procedures to follow, and each demands attention and documentation:

Consult with an Attorney – Receive professional consultation to determine what your rights are.
Gather Evidence – Your attorney gathers medical records, police reports, and witness statements.
File the Complaint – Your attorney files the claim in the relevant Missouri court.
Negotiate or Go to Court – Most cases settle, but some are tried if necessary.
Receive Compensation – Damages are paid to the eligible family members if successful.

Following each step thoroughly increases your chances for a fair outcome.

Why Legal Representation Matters

Wrongful death lawsuits are often complicated. Insurers and others will do everything they can to restrict settlements. A skilled Kansas City attorney will:

Identify all legitimate claimants
Reasonably estimate total damages
Organize court filing
Negotiation with insurers

Professional help in the legal process to get your loved ones due compensation.

Emotional and financial support throughout the process

Filing for wrongful death also helps families cope with economic and emotional agony. Compensation can assist in:

Mental health treatment and counseling
Home or childcare assistance
Child educational expenses in the future

This kind of support allows families to recover while bringing the culprits to justice.

Frequently Asked Questions Regarding Wrongful Death Claims

Do unmarried partners qualify to recover and bring a claim for wrongful death?

Missouri law generally limits recovery to spouses, children, and parents. Unmarried partners can recover only if they are financially dependent.

Can stepchildren or adopted children recover and bring a claim?

Adopted children are accorded the same status as natural children. Stepchildren must establish financial dependence in certain situations.

Who settles how the damages are split between members of a family?

The court uses Missouri law. The damages typically get split among spouses, children, and parents based on relationship and need.

Is there a claim against a government agency?

Yes, but exceptions. Time limits are shorter, and legal processes are more involved. You require legal representation.

If the victim had no close family?

If there is no spouse, children, or parents, Missouri law can permit other dependents to bring action. The courts decide on a case-by-case basis.

Selecting the Top Kansas City Attorney

In selecting a wrongful death lawyer, look for the following:

Level of experience in Missouri wrongful death law
Job success and settlement history
Availability and communication
Client referrals and reputation

The proper lawyer will have your claim filed and improve your chances of winning.

Endnote

Kansas City wrongful death action is a judicial remedy in the law that accrues to children, spouse, parents, and some dependents. It is crucial to establish who can institute an action, what damages are recoverable and how to go about filing. Missouri state law places rigid time limitations and mandates. Representation by an experienced Kansas City personal injury attorney is required to protect your family, secure evidence, and negotiate fair compensation. Timely filing helps your family receive justice and support after a catastrophic loss.