“Wrongful death” is a legal doctrine that covers the death of one person by someone else’s negligence, recklessness, or unlawful action. Every state has its own wrongful death laws governing civil actions. Surviving family members must abide by these laws to qualify for compensation from the at-fault party. These lawsuits can be complex, depending on the circumstances of the individual’s death. The attorneys at Wendt Law Firm P.C. want to help you and your family during this difficult time.
The rules for filing a wrongful death claim in Kansas City will change depending on your state. In Kansas, any “heirs of the deceased” may file these types of claims. This may include a spouse, children, parents, or siblings. These parties have two years from the date of the death to file the claim. There is a non-economic damage cap of $250,000 on these lawsuits in Kansas. This means that recovery for damages such as pain and suffering may not surpass $250,000.
In Missouri, the first party with the right to file wrongful death is the surviving spouse. From there, surviving adult children or grandchildren may file. If these parties don’t exist, the parents of the deceased may file, followed by surviving siblings or a personal representative of the decedent’s estate. A party has three years from the date of death to file in Missouri. Missouri also has a cap on non-economic damages. The plaintiff cannot recover more than $350,000 (adjusted for inflation every year) for these damages.
An experienced Kansas City wrongful death attorney will have extensive knowledge about these legal processes in your state. It’s important to retain a lawyer with experience in your locale – otherwise, you could risk missing an important deadline or hurting your chances of compensation. Wendt Law Firm P.C. has practiced this area of law for decades throughout the entire Kansas City region. We know a lawsuit won’t bring back your loved one, but it can go a long way toward helping your family recover.
Anytime one person or company’s negligent or willful actions cause fatal injuries, surviving family members may be able to pursue lawsuits. This can occur after vehicle crashes, workplace accidents, criminal actions, product liability incidents, medical malpractice, slips and falls, animal attacks, accidental drowning, and any other situation that leads to death. While not every death is grounds for a lawsuit, deaths that proper care could have prevented are. To find out if your loved one’s passing has merit as a civil claim, talk to our attorneys.
An investigation of your loved one’s death could uncover the sad truth – that the fatal injury was preventable with due diligence. It can be hard to accept the preventable death of a loved one. Pursing a civil claim against the party responsible for the fatal accident can provide closure and peace to surviving family members. It can also lead to significant compensation for lost companionship, lost income, mental anguish, funeral/burial expenses, and many other economic and non-economic damages. To learn more about your individual case, contact our firm today.
“I have nothing but praise for Rosalie and the other Wendt Law Firm employees I dealt with. Thank you guys for going above and beyond for me!” – Logan