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Our Recent Wrongful Death Results
Settlement in wrongful death action
Settlement in civil rights wrongful death action
Settlement for wrongful death in a trucking accident
Verdict in wrongful death roadway construction/design defect case
Settlement for wrongful death against nursing home
Settlement for wrongful death against nursing home
Wrongful Death And Survival Actions In Missouri And Kansas
Generally, wrongful death actions are initiated by those considered to be next of kin. Next of kin are a surviving spouse or children. If there are no surviving spouse or children, then other close relatives such as parents or siblings can file as a beneficiary of the suit.
The exact relationship that the beneficiary(s) has to the deceased is significant as this determines how the case can move forward and the available types of financial compensation. An example would be that a child or spouse might be entitled to lost wage damages, whereas, a parent or sibling might not. Several things will depend on the specific relationship to the deceased.
When Am I Able To File A Lawsuit?
Wrongful death lawsuits can result in many tragic situations such as someone’s recklessness, carelessness, or negligence. These can include:
- Car accidents
- Truck collisions
- Medical malpractice
- Workplace accidents
- Premises liability
- Defective products
Several of these lawsuits are against individuals, but others such as corporations and government entities can also be held responsible for their behavior if they are negligent or reckless in contributing to the death of your loved one.
In situations such as a fatal car accident caused by drunk driving, the at-fault individual’s conduct is considered a criminal offense.
It does not matter if criminal charges are filed; you still have the right to pursue a wrongful death claim. If the at-fault individual is convicted or acquitted, that will not directly sway your case as civil matters have a standard of proof that is different. However, any potential outcomes can be used as evidence in ongoing negotiations.
Is There A Statute Of Limitations?
In Missouri, a lawsuit must be filed within three years after the death. In Kansas, the lawsuit must be filed within two years.
What Are The Types Of Compensation Available?
There is more than just an emotional toll that the death of someone close to you causes you and your family. There are often financial repercussions as well. Going through all your essential documents such as insurance policies, bills, bank statements, titles, wills, and various others to see how your loss affects your family financially gets complicated and becomes very difficult and is often overwhelming. You might become concerned about how this income loss will affect your future, especially if your loved one contributed significantly to your income. There may be a large medical bill left behind from your loved one before they passed away. You may be thinking about pursuing a wrongful death claim and what that could do for your family.
Among The Monetary Damages, You May Be Able To Recover:
- Funeral expenses
- Medical bills
- Loss of economic support
- Loss of inheritance
- Loss of consortium, companionship, or parental support
- Grief, sorrow, and mental suffering
Damages that are obtained through a wrongful death case are generally dispersed based on the reliance that the beneficiary(s) had toward the deceased. If a spouse relied heavily on the income from their significant other, they would likely get more than say a child who is mostly financially independent. There is no exact method for the disbursement; it is primarily left up to the court.
How a Kansas City Wrongful Death Lawyer Can Help
At Preuss | Foster Law, we’ve helped numerous families in the Kansas City area recover compensation for a loved one’s wrongful death.
We are here to help you with your burden as much as we can; this way, you and your family can focus on healing. We can help determine liability for an accident or malpractice with investigations, collecting the necessary evidence, explaining the insurance policies, appeal or dispute claims, negotiate settlements, and file lawsuits in Kansas and Missouri courts.
Our Kansas City wrongful death lawyers have extensive experience in state and federal courts throughout Missouri and Kansas. We have tried several different types of wrongful death cases and have successfully negotiated a myriad of pre-trial settlements and gained substantial jury verdicts.
Contact a Kansas City Wrongful Death Attorney Today – Free Consults
The attorneys with Preuss | Foster Law offer you a free consultation during which we will explain what a wrongful death claim means, the types of compensation you may recover, what rights you have as a wrongful death beneficiary, and how the process will work if you decided to pursue your claim.
We offer representation that is compassionate and knowledgeable regarding all the different types of wrongful death cases that result from all kinds of personal injuries. We will be there through every step in the process, from the initial paperwork to a settlement or jury verdict.
Call us today at (816) 307-27888 for a free consultation with a highly skilled Kansas City wrongful death lawyer.