Home » Kansas City Personal Injury Lawyers » Kansas City Wrongful Death Attorneys

If you have lost a loved one due to negligence by another, it is crucial that you quickly consult a Kansas City wrongful death attorney. The Kansas City personal injury lawyers at Joseph, Hollander & Craft, have unparalleled experience representing people in wrongful death cases. Our team of skilled personal injury lawyers are ready to assist you through the process. We want you to be able to move on from your grief while we advocate for you to receive the right compensation for your loved one’s death.

Helping Families of Kansas City Wrongful Death Victims

Personal injury is a claim for damages resulting from an accident caused by the negligence of another person or entity. When another person or entity causes an accident that ultimately results in death, a wrongful death case is filed. Every state has its own rules about who can bring a wrongful death claim. The law in each state determines who can file a wrongful death claim. It may be the executor of a deceased person’s estate, or the family of the deceased. JHC’s wrongful death attorneys in Kansas City can help you navigate the complex legal issues that arise in a wrongful death action if you have lost a loved one due to negligence.

Who Can Bring a Wrongful Death Claim in Kansas City

The Kansas wrongful death statute provides that any heir who has suffered a loss as a result of the death or incapacity of a loved one may file a wrongful death claim. Any person who can inherit the estate of the deceased is an heir. Kansas heirs can participate in a wrongful death claim even if they did not join the original lawsuit. In general, spouses, children, and parents can join the lawsuit. However, even those who don’t join the lawsuit may still benefit from the wrongful death settlement.

Missouri’s wrongful death statute prioritizes those who are eligible to bring a wrongful death claim. The surviving spouse, children, or parents can bring a wrongful death claim. However, parents typically only file a claim for the death of a minor child. A surviving sibling may file a claim for wrongful death if the deceased had no children, grandchildren, or parents. A descendant of any sibling who is not a sibling can file a claim if there are no siblings. The personal representative of the deceased can file a wrongful death claim if there are no siblings or their descendants. In the event that there is no personal representative, such as when the deceased died without a will, a person can petition the court for a “plaintiff-ad-litem” to file the claim.

Damages Available in a Kansas City Wrongful Death Case

In a Kansas City wrongful death case, damages can include loss in income for the deceased, loss of potential earnings,  hospital or medical expenses before the death, loss of protection, guidance and inheritance, burial and funeral costs, as well as pain and suffering experienced by the victim prior to their death. Your attorney must present convincing evidence to prove damages in order to receive this compensation. Expert witnesses may be required to testify in some cases. JHC’s Kansas City wrongful death lawyers will evaluate your case and determine the extent of damages available. They will also work tirelessly to provide you with all the evidence you need to support your case.

Proving Fault in a Kansas City Wrongful Death Action

In order to prevail in a wrongful death case, the plaintiff must demonstrate the same amount of evidence as an individual who files a personal injury claim. These are the four elements that must be proven:

• The defendant must have owed the decedent a duty to care.
• This duty of care must have been breached (e.g., the defendant wasn’t driving safely).
• Causation must exist (e.g., negligent driver must have caused an incident).
• Damages or harm must exist. These damages can include hospitalizations and medical expenses, burials and funeral expenses, as well as other costs.

JHC’s Kansas City wrongful death attorneys will discuss these elements with you to help you determine if you have a claim.

Types of Wrongful Death Claims We Litigate

There are many types of wrongful death claims. JHC’s wrongful death lawyers in Kansas City pursue wrongful deaths claims in the following circumstances:

• Automobile accidents that result in death, including those involving trucks, passenger cars, motorcycles, and bicycles
• Premises liability accidents, such as fatal slip-and-fall accidents
• Product liability deaths
• Workplace exposure to toxic substances causing death
• Workplace accidents that cause death
• Deaths that happen during supervision, such as daycare, field trips and adult care, are not considered suicide
• Crimes such as stabbings, shootings, and other forms of violence are all examples of criminal actions

Common Questions About Wrongful Death Cases

What is the maximum time I have to file a wrongful death lawsuit?

The statute of limitations refers to the time that a family member of a deceased person has to file a claim for damages. Each state has its own statutes. Kansas has a statute of limitations for wrongful deaths that runs two years after the death. Missouri’s statute of limitations for wrongful death runs three years from the date of death. However, you should file your lawsuit sooner than later. Memories fade and evidence disappears. The faster you file your wrongful death case, the better your chances of a positive outcome. Although no amount of money will bring back your loved one, financial compensation can help you and your family members continue your lives. Call JHC’s wrongful death lawyers today if you think you might have a claim.

Are you the best Kansas City wrongful death attorney for my case?

Joseph, Hollander & Craft’s wrongful death attorneys put in the most effort to earn the highest rewards. We don’t churn through large amounts of claims quickly just to win clients a minimum award. Our wrongful death lawyers are dedicated to providing the personal attention and quality representation you need. We are available to answer any questions you may have and guide you through every step. We are here to protect and aggressively represent our clients while providing caring representation. For exceptional wrongful death representation, call JHC at (816) 673-3900 or fill out our online intake form.