Losing someone you love is hard. Losing them because of someone else’s mistake is even harder. When this happens, the law gives families a way to seek justice. This is called a wrongful death case. If you’re in Kansas City and thinking about this, here’s what you need to know. Call a local Kansas City Wrongful Death Lawyer today.
What Is Wrongful Death?
Wrongful death happens when a person dies because of someone else’s actions. These can be careless or even on purpose. It could be a car crash, a fall, bad medical care, or a dangerous product. The person or company that caused the death may be held responsible. The goal is to get justice for the family. That includes covering lost income, medical bills, funeral costs, and pain and suffering. In short, if a person would have had a personal injury claim had they lived, then a wrongful death claim might be valid.
Who Can File a Wrongful Death Case?
In Kansas and Missouri, not just anyone can file. Usually, it’s close family like:
- Spouse
- Children (including adopted)
- Parents
- Siblings (in some cases)
In Missouri, if none of these people survive, others like nieces or nephews might be allowed to file. In Kansas, the law is more limited. The court can also choose someone if no one steps up. It’s important to act early, so your lawyer can check who qualifies under the state law.
When Should You Hire a Lawyer?
Don’t wait too long. Each state has a deadline to file, called a statute of limitations. In Missouri, you usually have 3 years. In Kansas, it’s often 2 years.
Hire a lawyer right after the death if:
- You believe someone else caused it.
- You are getting calls from insurance companies.
- You need help with funeral costs or other bills.
- You want answers about what really happened.
- The cause of death is unclear or suspicious.
A lawyer can help protect your rights from day one.
What a Lawyer Can Do for You
A personal injury lawyer will:
- Gather evidence
- Talk to witnesses
- Work with experts
- Handle all the legal process papers
- Talk to insurance companies
- Fight for fair money
They’ll build your case while you take care of your family. They deal with the paperwork and phone calls so you don’t have to.
What Makes a Strong Case?
Every case is different, but these things help:
- Proof that the death was someone else’s fault
- Records like police reports and medical files
- Witnesses who saw what happened
- A timeline that shows the full story
- Expert opinions from doctors or accident pros
Photos, videos, texts, and emails can also support your case. The more proof you have, the better.
Do You Have to Go to Court?
Not always. Many wrongful death cases settle outside of court. This means the other side offers money, and both sides agree. Still, a lawyer should prepare like it will go to court. That’s how you get the best offer. If you do end up in court, your lawyer will guide you every step of the way. Sometimes, going to court is the only way to get a fair result. A lawyer who’s ready to fight can make all the difference.
How Much Does It Cost?
Most personal injury lawyers work on what’s called a contingency fee. This means:
- You don’t pay upfront.
- They only get paid if you win.
- Their fee is a percent of the money you get.
This makes it easier for families to get legal practice help right away. You can get started without worrying about bills piling up.
What If Death Happened at Work?
Work deaths can be tricky. You may deal with workers’ comp or even a lawsuit. A lawyer can figure out the best path. In some cases, both a workers’ comp claim and a wrongful death case are possible. Kansas and Missouri both allow certain family members to bring claims. It depends on how the death happened and if someone outside the job was at fault. Some jobs come with extra risks. If safety rules were broken, your lawyer will want to know.
What About Criminal Charges?
Sometimes, the person at fault also faces criminal charges. That’s separate from a wrongful death case. A criminal case tries to punish the wrongdoer. A wrongful death case tries to help the family. You can have both going at the same time. Even if the person isn’t found guilty in criminal court, you can still win a civil case. The rules and proof needed are different.
Why Local Experience Matters
Kansas City sits on the state line between Kansas and Missouri. The laws are different in each state. A lawyer who knows both systems can guide you better.
For example:
- Time limits to file are different
- Who can file a claim can change
- The money allowed can vary
- Court rules are not the same
Some cases cross state lines. That adds even more steps. A local lawyer knows what judges expect and how to handle each court.
How Wrongful Death Affects the Whole Family
The pain of losing someone hits more than just one person. It can shake an entire family. Kids lose a parent. Parents lose a child. Partners lose the person they leaned on. This pain doesn’t just go away. Bills and stress add to it. Wrongful death cases help with money, but they also help give a sense of justice. They show the loss mattered and that someone was held responsible.
How to Choose the Right Lawyer
Not all lawyers are the same. Look for someone who:
- Has handled wrongful death cases before
- Knows Kansas and Missouri laws
- Listens to your story
- Explains things clearly
- Fights for families
You want someone who cares and won’t treat your case like a number. A good lawyer keeps you updated, answers your questions, and stands by your side.
5 Unique FAQs People Ask
1. Can I file a wrongful death claim if the police didn’t charge anyone? Yes. Criminal charges are separate. You can still file a civil case even if no arrest was made.
2. What if we’re not sure who caused the death? A lawyer can investigate. They can bring in experts to find out what really happened.
3. Can more than one family member get money? Yes. The court often divides the money between close relatives. Your lawyer can help explain how that works.
4. How long does a wrongful death case take? It depends. Some settle in months. Others take a year or more. A lawyer can give you a better idea based on your case.
5. Can I still file if some time has passed since the death? Maybe. It depends on when the death happened and which state you’re in. Talk to a lawyer as soon as you can.
Don’t Wait to Get Help
Time matters. The sooner you talk to a lawyer, the better your chance of getting justice. If you’re in Kansas City, choose someone who knows the courts on both sides of the state line. You don’t have to go through this alone. Consult an experienced Kansas City personal injury lawyer today. Get answers. Find justice for your family.
