Filing a Wrongful Death Claim in Missouri: What Kansas City Families Should Know

It’s hard to deal with loss when it occurs because of a value you love. When the loss occurs because of a mistake another person made, this can create even greater pain for those left behind. Missouri law gives families a mechanism for the pursuit of justice, by means of a wrongful death claim, for the loss of a loved one. If you live in the Kansas City, Missouri area we have created this guide to help you understand the claims process of pursuing statutory action for a wrongful death claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit. It’s filed when a person dies because of another person’s careless or intentional act. This law helps surviving family members get compensation. 

In Missouri, the claim can be filed by close family. This includes a spouse, child, parent, or sometimes siblings or a court-appointed representative. It’s not just about money. It’s about holding someone accountable for their actions. That brings peace to some families.

When Can You File a Claim?

You can file a wrongful death claim when someone dies due to:

• Car crashes
• Medical mistakes
• Dangerous products
• Workplace accidents
• Criminal acts

If someone’s careless behavior led to death, the law lets the family act. This includes cases where the victim may have lived with proper care.

Who Can File a Claim in Missouri?

Missouri law lists who can bring a wrongful death claim:

1. Spouse, children, or parents
2. If none of those exist, then siblings or their descendants
3. If no relatives qualify, the court may appoint someone

This rule helps avoid confusion and delays. Families can focus on healing instead of fighting over who files.

What Damages Can You Recover?

The goal is to help the family recover financially. Missouri allows you to seek damages for:

• Funeral and burial costs
• Lost wages or income
• Medical bills before death
• Pain and suffering of the deceased
• Loss of companionship and support

You may also recover damages for the value of services the deceased provided. This could include childcare, housekeeping, or emotional support. In some cases, you may also get punitive damages. These are meant to punish bad behavior and prevent it from happening again.

Time Limits to File in Missouri

There is a strict deadline. You must file within three years of the person’s death. Miss this window, and the court will likely dismiss your case. Even if you’re not ready to file, talk to a lawyer early. It helps protect your rights.

Proving a Wrongful Death Case

To win a wrongful death case, you need to prove four things:

1. Someone had a duty to act safely
2. They failed in that duty
3. That failure caused the death
4. You suffered a loss because of it

This is where a lawyer is key. They gather medical records, police reports, and expert opinions to build a strong case.

How a Kansas City Lawyer Helps

Wrongful death cases are tough. An experienced Kansas City personal injury lawyer knows Missouri law and understands the court system in Kansas City. They help you:

• File paperwork on time
• Prove fault
• Negotiate settlements
• Represent you in court

They also deal with insurance companies. These companies may try to pay less or deny your claim. Your lawyer fights back.

Common Causes of Wrongful Death in Kansas City

Kansas City sees a range of tragic accidents. Some common causes are:

• Distracted or drunk drivers
• Dangerous construction sites
• Medical mistakes in hospitals
• Violent crimes
• Defective products sold to consumers

Sometimes, it’s not just one person who’s at fault. Multiple parties may share blame. Your lawyer can help sort out who’s responsible.

What Happens After You File

Here’s a quick view of the process:

1. Investigation – Your lawyer gathers records and evidence
2. Filing – The lawsuit is filed in the correct court
3. Discovery – Both sides share evidence and take depositions
4. Settlement talks – Many cases end with a payment offer
5. Trial – If no deal is reached, the case goes to court

During discovery, each side must share facts. This can uncover strong proof that helps your case. Witnesses may also be questioned under oath.

What If There’s More Than One Heir?

If multiple family members are eligible, the court may split the compensation fairly. Missouri law wants to avoid fights among relatives. Sometimes, families agree outside of court on how to divide the money. If not, the judge decides. This legal process is often easier when the family works together. A lawyer can guide everyone and help avoid conflict.

Settle vs. Trial?

Most of the cases settle and not go to trial. Settling your case can save you time, money, and stress. But if they offer you a very low settlement in your case, then you may want to go to trial. An attorney will help determine which way to go and weigh the pros and cons of each way. If you go to a trial, a jury or a judge will hear your case. Cases going to trial usually take a longer time when compared to those that settle, but if you have a good case and you are successful at trial you could receive higher damages.

The mental impact of a wrongful death lawsuit  

The reality is that no lawsuit will ever replace your loved one, but there is often closure and the financial burden of the mortuary, burial and expenses may be relieved. Grief is emotional. Please be gentle with yourself in the process. Having feelings, and a lot of them is normal, and you have the right to seek assistance in this time from family or friends or professionals.

Why Missouri’s Wrongful Death Law Matters

The law empowers families. It holds accountable the responsible parties and companies involved in causing harm. It brings families together when its a challenging moment of loss for them, giving them protection in the event of a future loss. If you’re in Kansas City, knowing some of your rights will help you make an informed choice. This law protects you. Use it to protect your future and the future of your family.

Missouri Wrongful Death Claim FAQs

1. How long do I have to file a wrongful death claim in Missouri?

Usually, you have three years from the date of the death. Do not wait! Timeliness is key.

2. Can a wrongful death claim be filed by more than one person?

Yes. Close family members may file a claim jointly, or it can be filed by one person with the understanding they will represent all family members.

3. What happens if the person who caused the death also has a criminal charge?

You can still file a civil claim against him. A civil injury action is completely separate from any criminal proceeding.

4. Do I Have to Have a Lawyer File a wrongful death claim?

You do not have to have a lawyer file a claim, but it is very much encouraged. These cases can be complicated.

5. What is the average Missouri wrongful death settlement?There is no average. Each case is unique. An attorney probably can give a very rough estimate based on the facts of your case.

Endnote

If you’re in Kansas City and think you have a wrongful death case, talk to a trusted Kansas City Wrongful Death Lawyer. Justice can’t replace a life, but it can ease your path forward.