Wrongful Death Attorney
A wrongful death occurs when a person dies as a result of the negligence or misconduct of another person, company or entity. Wrongful death cases arise out of a number of different situations, including: automobile and trucking wrecks, medical malpractice, nursing home negligence, defective products and dangerous conditions on land.
If you would like to speak with one of our attorneys about the wrongful death of a loved one, contact our Kansas City, Missouri, wrongful death attorneys at 816-472-6800.
In a wrongful death case, surviving family members allege that the decedent was killed as a result of the negligence of the defendants, and are entitled to monetary damages as a result of the negligent conduct.
Who can file a wrongful death claim?
This will depend on the laws of your state, but generally immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim. Under some circumstances, other blood relatives, such as a brother or sister, may also have a right to pursue a wrongful death claim.
When must a wrongful death claim be filed?
Every state has its own statute of limitations for wrongful death, which defines the time frame during which a lawsuit must be filed. In Missouri, the statute of limitations for a wrongful death claim is 3 years, but can be as short as 2 years for claims involving medical negligence. In Kansas, the statute of limitations for both wrongful death and medical negligence is 2 years. The statute of limitations usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later.
In some cases, an estate must be opened in a time period specified by law. This time period may be as short as 1 year.
For help filing a wrongful death claim that was a result of negligence or medical malpractice, contact our Kansas City, Missouri, wrongful death attorneys at 816-472-6800.
What damages are recoverable?
Recoverable damages vary from state to state. In Kansas and Missouri, however, recoverable damages include both economic and non-economic losses.
Economic losses can include past wages lost by the decedent as a direct result of the injury leading to death and future lost wages the decedent would have earned if he or she had lived. Medical bills incurred by the decedent or his/her family as well as burial expenses may also be recoverable economic damages.
Non-economic losses are more difficult to calculate than economic losses. Recoverable non-economic losses may include damages for loss of household services, loss of companionship, comfort, instruction, guidance, counseling and consortium (i.e. the relationship between husband and wife). Generally, there can be no recovery for grief and bereavement suffered because of the death. In order to recover for any damages, economic or non-economic, the plaintiff must prove that the losses did in fact occur or that future losses are more likely than not to occur.
If you or a loved one has died as a result of an accident or negligence, contact our Kansas City, Missouri, wrongful death attorneys at 816-472-6800 or contact us through this website. The Sly James Firm is committed to protecting the rights of individuals just like you and we limit our practice to representing injured individuals.
We'll put our experience and dedication to work for you. If there is no recovery, you pay no attorney fees. Contact our firm’s Kansas City, Missouri, wrongful death attorneys and schedule a free consultation about your case.
