Kansas City Wrongful Death Lawyer

We can’t imagine the pain you must be dealing with after losing a loved one. We hope to educate you on the actions you can take following the death of a loved one in a wrongful death case. It’s our job to demand justice for those hurting and to secure the compensation they deserve. Mann Wyatt Tanksley Injury Attorneys has 7 decades of combined legal experience. We understand what to demand in negotiations with insurance companies and defense teams. And our team approach places us miles ahead of many lawyers who don’t work in teams.

Still, it’s hard to communicate our value within a paragraph. Instead, we’ll provide a walk-through of what a wrongful death case in Kansas City requires to succeed. This should help provide the clarity you need to take action.

Proof You Need for a Kansas City Wrongful Death Claim

To have a legitimate wrongful death claim, you must establish liability. Liability is just the question of who is at fault. In other words, who is liable?

Here are the four elements that need to show the other party’s negligence as the direct cause of your loss:

Duty of Care. The person had a duty to the victim. They had to behave in a safe and rational way.Here’s an example of a common rule that gives rise to a duty. It’s from the Kansas City Code of Ordinances. It says, “When traffic signals are not in place or not working, the driver of a vehicle must yield.”
Breach of Duty. The person failed to follow the duty to act safely and rationally.
Cause and Effect (Causation). The violation of the duty led to the victim’s injuries.
Damages. The damages of the victim are a liability that can be compensated.

Proof of the defendant’s negligence requires evidence. Talk for free with one of our Kansas City wrongful death attorneys. We’ll help you gather all the evidence you need for your case.

Who Can File for a Kansas City Wrongful Death Case?

Let’s examine the facts. Missouri Revised Statutes section 537.080 is clear. It says that if the deceased had lived through the accident, they would have been entitled to a claim. Representing the victim in their place, the family has the right to file a wrongful death claim through an “estate,” or a legal entity that takes the place of the decedent. The family members of the decedent also have their own claim for their own loss.

Members who are allowed to file on behalf of the victim, designated by “classes” of heirs, include the following:

Spouse
Parents of the deceased child.
Children
Grandchildren
The siblings of the deceased can file if no immediate family members are available.
A personal representative of the deceased’s estate can file if no immediate family members are available.
If the deceased’s will has no personal representative, the court may select one. They act on behalf of the deceased.

These rules can create tension and disunity within families. It can be challenging to sift through who qualifies to file a wrongful death lawsuit. We encourage you to speak with one of our Kansas City representatives. They can evaluate your wrongful death case and guide you through the process.

Wrongful Death Damages in Kansas City

In cases of wrongful death, claimants can pursue different types of damages in Kansas City. These damages are split into two main categories. They are economic and non-economic damages.

Economic Damages

Economic damages are tangible financial losses. They are suffered by the deceased person’s family. This might include things like funeral costs. It includes medical expenses from the final illness or injury. It also includes the loss of future earnings the deceased would have earned if they survived.

Non-Economic Damages

Non-economic damages are intangible losses experienced by the deceased’s loved ones. This could include emotional losses. For instance, the pain the deceased had endured before death was terrible. Watching a loved one go through this pain would be scarring. In addition, there was the loss of companionship and support.

Punitive Damages

In some cases, the court may also award punitive damages for particularly dangerous or reprehensible conduct. This applies if the responsible party’s behavior was reckless or intentional. These damages serve as both a punishment and a restraint.

It’s important to note that the claim for damages isn’t universal. Some wrongful death lawsuits can only recover specific types of damages.

Kansas City Statute of Limitations

It’s crucial to be aware of the statute of limitations when filing a wrongful death claim. This term refers to the specific time limit a claim can be filed. If you fail to file within this timeframe, you risk losing the right to seek compensation. The statute of limitations for wrongful death in Kansas City varies by state, and there are exceptions for minors and people that are incapacitated. Here are the mostly commonly-applicable statute of limitations for negligence.

Kansas: Two years from the decedent’s death.
Missouri: Three years from the decedent’s death.

Experts advise acting fast to avoid risking your legal rights. Talk to a Kansas City wrongful death attorney soon after the accident. This ensures that all necessary steps are taken on time. If you fail to file a wrongful death lawsuit before the time limit ends, the court can dismiss your case if you file afterward.

Types of Wrongful Death in Kansas City

Here’s a list of accidents that can all result in wrongful death. We’ve steered you towards these resources to help funnel the actions you take. Viewing your case from a different angle can help you consult with a Kansas City attorney.

Common causes of wrongful death include:

If a wrongful death claim is successful, it proves that your loved one’s death was the fault of someone else and can bring some level of closure to why an accident happened. Many of our clients have found that this is a way of honoring their loved one by seeking justice. If your family has had a loss from one of these accidents, Mann Wyatt Tanklsey Injury Attorneys is here to help. Contact us today for a free consultation with a Kansas City wrongful death lawyer.

Consult for Free with a Kansas City Wrongful Death Attorney

Justice can and should be served to those hurt by the negligence of others. It’s not just about a paycheck, which is the ultimate goal of massive law firms. Instead of being represented by a settlement mill, you can greatly benefit by consulting with a team of qualified and caring attorneys. We seek to lift a burden off of you, not add insult to injury and loss. Consult for free with a Kansas City wrongful death attorney from Mann Wyatt Tanksley.