Losing someone is hard. Losing someone because of someone else’s mistake is even harder. When a person dies because of another’s actions, the law calls it a “wrongful death.” In Kansas City, you can take legal action. You can hold the person or business responsible. That’s where a Kansas City Wrongful Death Lawyer comes in.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit. You file it when someone dies due to another’s carelessness or wrongdoing. It could be a car crash. It could be a workplace accident. It could be medical malpractice. If someone else caused it, you may have a claim.
Who Can File a Wrongful Death Claim in Kansas City?
Not everyone can file. Kansas law is clear. Usually, the claim starts with close family. That means a spouse, parent, or child. If there’s no one in that group, then other relatives may step in.
Extended Explanation:
Family members suffer more than just emotional pain. They often lose income, support, and help. The law recognizes that. That’s why Kansas lets close relatives file. These claims are meant to help the family recover from financial and emotional harm. When the right person files, it gives the case strength. If there’s a will, it may name a personal representative. That person can also file. If not, the court may appoint someone.
What Can You Get From a Claim?
Money can’t bring someone back. But it can help ease the burden. The law allows you to ask for things like:
- Funeral and burial costs
- Medical bills before death
- Lost income the person would have earned
- Pain and suffering
- Loss of love, care, or support
Real-World Impact:
Imagine a father who died in a crash. He was the main income earner. His family relied on his paycheck, his health insurance, and his support. Now they face bills and grief. A claim can help them stay in their home, pay debts, and find some peace.
Why Hire a Personal Injury Lawyer?
Wrongful death claims are hard. There are rules. Deadlines. Insurance companies. You shouldn’t have to face that alone. A personal injury lawyer knows what to do. They know how to build your case. They deal with the paperwork and the pushback.
What a Lawyer Does for You:
- Gathers proof: reports, witness statements, expert opinions
- Talks to the other side: insurers, lawyers, companies
- Files your claim on time
- Fights in court if needed
They know how to deal with defense tactics. They understand local laws. They fight for your rights while you focus on healing.
Common Causes of Wrongful Death in Kansas City
Some causes are more common than others. These include:
- Car and truck crashes: Drunk drivers, speeding, or distracted driving
- Workplace accidents: Especially in construction or manufacturing
- Medical mistakes: Wrong treatments, misdiagnosis, or surgical errors
- Defective products: Faulty car parts, unsafe tools, or toys
- Slip and fall injuries: Unsafe property conditions
- Nursing home neglect: Poor care, lack of supervision, abuse
If someone failed to act with care, and it led to a death, it might be wrongful.
How Long Do You Have to File?
Kansas gives you two years. That clock starts on the day the person dies. If you miss that, you might lose your chance to file. A lawyer helps make sure you don’t miss that deadline.
Why Deadlines Matter:
Time passes quickly when you’re grieving. Memories fade. Records get lost. Witnesses move. Waiting makes the case harder. Filing early helps preserve facts.
Steps to Take After a Wrongful Death
- Get a death certificate.
- Gather records (medical, police, etc.).
- Talk to a personal injury lawyer.
- Let the lawyer handle the legal stuff.
You don’t have to rush. But don’t wait too long either.
What Makes a Strong Case?
- Clear proof of fault
- Witnesses who back your story
- Records of costs and loss
- A strong legal team
The more proof you have, the better your case.
Key Evidence That Helps:
- Video or photo footage
- Expert testimony
- Accident reconstruction
- Medical examiner’s report
What If the Other Side Denies Fault?
That happens a lot. They may say it wasn’t their fault. Or that your loved one made a mistake. Don’t give up. Your lawyer can push back. They can show what really happened.
Kansas Laws That Matter
Kansas follows “comparative fault.” That means if your loved one was partly at fault, you can still get money. But it may be less. If they were more than 50% at fault, you may not win.
More Legal Factors:
- Wrongful death statute
- Statute of limitations (2 years)
- Rules for damages
- Cap on non-economic damages (like pain and suffering)
Your lawyer knows these rules. They will help you work within them.
What About Criminal Charges?
Sometimes the person responsible also faces criminal charges. That’s a separate case. You can still file a civil lawsuit. You don’t need to wait for the criminal case to end.
Example:
If someone drives drunk and kills a pedestrian, they may face jail time. But you can sue them separately for money damages. One case is about punishment. The other is about compensation.
How Much Does a Lawyer Cost?
Most personal injury lawyers work on a “contingency fee.” That means they only get paid if you win. You don’t pay them upfront.
Unique Format: Table Snapshot of the Process
| Step | What Happens | Your Role |
| 1 | Meet a lawyer | Share facts and documents |
| 2 | Lawyer investigates | Stay in touch |
| 3 | File the claim | Approve filings |
| 4 | Settlement talks | Give feedback |
| 5 | Trial (if needed) | Attend hearings if asked |
FAQs
1. What if my loved one was partly to blame?
You can still file a claim. Kansas uses a comparative fault. If they were less than 50% at fault, you may still win. The amount you get could be reduced.
2. Do I need to go to court?
Not always. Many cases settle before trial. Your lawyer will try to settle first. But if needed, they will go to court for you.
3. Can I file if my loved one died at work?
Yes. If someone else caused it, you may have a wrongful death case. That’s true even if there’s a workers’ comp claim.
4. How long does a case take?
It depends. Some settle in months. Others take over a year. The more complex the case, the longer it takes.
5. What should I bring to my first meeting with a lawyer?
Bring the death certificate, any police or hospital reports, bills, and photos. The more info, the better.
Final Words
Wrongful death is never easy. But you can take action. You can hold the person or company accountable. An experienced Kansas City personal injury lawyer can help you do that. They can guide you, fight for you, and help you move forward.
