Joseph, Hollander & Craft\u2019s Overland Park wrongful death lawyers serve Kansas families that have suffered the loss of a loved one as a result of someone else\u2019s fault. During this time, we understand that you and your family are experiencing considerable emotional trauma and financial difficulties. You and your family deserve time to grieve. Our experienced Overland Park wrongful death attorneys will manage your case while you begin the healing process. Money can\u2019t bring back your loved one, but it can at least help you manage the expenses.<\/p>\n
If someone dies due to another person\u2019s wrongdoing, negligence, or careless actions, the decedent\u2019s heir may file a wrongful death claim against the at-fault party. When you file a wrongful death claim, you may pursue compensation damages, which include both economic and noneconomic losses that occurred after the death of your loved one. Certain wrongful death cases can also result in punitive damages, which are in place to punish defendants for more egregious forms of misconduct. JHC\u2019s Overland Park wrongful death attorneys can help you determine what damages may be available and will tirelessly work to get you the proof you need.<\/p>\n
Under the Kansas wrongful death statute, heirs may file a claim for wrongful death if a loved one has died as a result of another\u2019s negligence. The wrongful death lawsuit is open to the decedent\u2019s surviving spouse, children, siblings, grandparents, and other relatives. The statute allows any heir who sustained damages to intervene in the case, even though the person did not join the original lawsuit. The statute of limitations describes the time limit within which a person’s family can file a claim to damages. The statute of limitations applicable to wrongful death claims in Kansas allow for filing up to two years after the date of death.<\/p>\n
Missouri law sets forth who can bring a claim for wrongful death in the state of Missouri. Missouri\u2019s wrongful death statute designates a specific order for who may file a wrongful death claim. In the majority of cases, it is a surviving spouse or children who may file a wrongful death claim. If there is not a surviving spouse or children, parents, siblings, or other relatives may file a claim. If there are no surviving individuals in any of these categories to file a Missouri wrongful death action, the court may appoint a person to file an action upon the motion of any interested party. The Missouri statute of limitations for wrongful death claims is three years.<\/p>\n
There is not a cap on economic losses in a Kansas wrongful death lawsuit, but Kansas wrongful death laws do cap the compensation a family can receive for noneconomic losses. Noneconomic damages are more subjective and often include emotional distress, pain and suffering, loss of consortium, companionship, guidance, and counsel. The cap on pain and suffering losses in a wrongful death case is $250,000. The Kansas statute limiting noneconomic damages in wrongful death cases can be accessed here. Because of the limits on noneconomic damages, it is imperative that you have a zealous advocate committed to hiring the proper expert witnesses to establish the nature and extent of all losses connected with your claim including economic losses.<\/p>\n
In accordance with Section 537.090 of the Missouri Revised Statutes, there are certain categories of damages that can be sought in Missouri wrongful death cases. A wrongful death claimant can be awarded compensation for economic losses, which include quantifiable monetary losses that occur as a result of a wrongful death. Economic losses include loss of future income and funeral costs. A claimant can also recover noneconomic damages, which includes losses that are not measurable in a dollar amount\u2014such as loss of guidance, support, and companionship provided by the deceased person. Lastly, survival damages may be recovered, which include the damages that the wrongful death victim suffers between the time they are injured and the time they pass away. This category typically included the victim\u2019s pain and suffering.<\/p>\n
In the majority of cases, Missouri law does not impose a cap on the amount of damages that can be sought or given in wrongful death cases. There is no limit on recovery provided the victim\u2019s family puts forth sufficient evidence to support the award. The only exception is with wrongful death cases involving medical malpractice. In medical malpractice cases, there are limitations as to the amount of noneconomic damages that can be awarded.<\/p>\n
It is necessary to show that some form of negligence occurred when proving that a person\/entity is liable in your wrongful death case. That means the defendant must have owed a duty of care to the decedent and the defendant must have breached that duty of care (e.g., he or she was not driving in a prudent manner). If the negligent party \u2013 such as another driver \u2013 was responsible for protecting the victim, they owe a duty of care. If they breach that duty of care, our wrongful death attorneys could hold them liable.<\/p>\n
Negligence can manifest in the form of either action or inaction, as sometimes failing to prevent an accident can be just as dangerous as causing one. Our Overland Park wrongful death lawyers will help you understand the elements of a wrongful death claim. An investigation by our Overland Park attorneys can help bring the cause and liable party to light in your wrongful death case.<\/p>\n
If someone in your family has passed away and you are considering a wrongful death claim, contact JHC\u2019s Overland Park wrongful death lawyers today.<\/p>\n
There are many types of wrongful death claims. JHC is a wrongful death law firm with offices in Wichita, Topeka, Lawrence, Overland Park, and Kansas City. We help Kansas and Missouri clients pursue wrongful death claims that stem from:<\/p>\n