WRONGFUL DEATH

Kansas and Missouri Wrongful Death Lawyers

Wrongful death cases are emotional, tragic and at times, complicated. If you have lost a loved one due to the negligence of another, you are likely angry and confused and have many questions. The sudden loss of a loved one brings not only emotional hardship, it also brings unexpected medical expenses, burial costs, loss of income, and loss of support. Contact a Kansas and Missouri wrongful death lawyer from Morefield, Speicher and Bachman for guidance. We are here for you.

Common Causes of Wrongful Death Accidents

Wrongful death can occur in various ways, but we commonly see these cases arise in relation to:

• Car wrecks;
• Motorcycle wrecks;
• Truck wrecks;
• Medical malpractice;
• Construction accidents.

What Qualifies as a Wrongful Death Action?

A wrongful death action is warranted where the death of an individual occurred through the negligence or wrongful acts of another party.

Who is Able to Bring a Wrongful Death Action?

A wrongful death action is usually brought by the parents, spouse, or children of the victim. In some situations brothers or sisters of the deceased can pursue a claim. Kansas recognizes common law marriage, while Missouri does not. This can lead to complicated legal questions when a non-marital partner dies. There can also be issues with children who were not formally adopted. We can help unravel those issues.

Proving Wrongful Death

Generally, wrongful death actions arise due to the negligent actions of another. In order to pursue a case, the following elements must be proven:

• The defendant owed a duty to the deceased;
• The duty was breached;
• The death arose as a result of the breach;
• The family has suffered damages as a result.

What Kind of Compensation Can I Receive?

We understand that no one can adequately compensate you for the loss of your loved one. However, if you lost your loved one due to the negligent actions of another party, you may be able to receive compensation for the following:

• Medical expenses, including doctor and hospital bills;
• Burial and funeral expenses;
• Loss of consortium, companionship;
• Loss of income;
• Pain and suffering of the deceased;
• Possibly punitive damages.

What is the Statute of Limitations?

The statute of limitations is the time limit within which a party must file a claim. This time frame varies from state to state, and is determined by the cause of action. In Missouri, for instance, a wrongful death action must be filed within 3 years of the time of death. If the wrongful death was due to medical malpractice however, the limit is two years. In Kansas, the statute of limitations for a wrongful death action is 2 years.

Contact Us

Losing a loved one is one of the most difficult trials a family can face.  We are here to help you navigate the legal process so you and your family can focus on healing. These cases are not only emotionally difficult, they can be complex. It is important that you speak to an experienced Kansas and Missouri wrongful death lawyer for guidance. If you have lost a loved one due to the negligence of another, please contact us. We are here to help you through this difficult time. Call us for a free consultation at 913-913-2808.

FAQ Wrongful Death Claims