The loss of a loved one is hard enough. When that loved one passes as the result of neglect by another party, it can bring even more heartache. You may no longer have the ability to concentrate or find clarity, the emotions of anger, confusion, and deep sadness may be cycling through your mind. You may also be thinking about how to pay the bills or support your family. Filing a wrongful death claim can provide you with answers. It can also provide you with money to cover expenses. An experienced Kansas City personal injury lawyer can walk you through the process and help you understand your rights. Lawyers can obtain evidence on your behalf, and help to push back against the insurance company.
What is Wrongful Death?
Wrongful death is when a person is killed and it is determined to be the fault of another party. This could be a car accident, an unsafe property, misdiagnosed medical issue, or faulty product.
In the state of Kansas, the law allows certain family members to file wrongful death lawsuits.
Those individuals must be:
- The surviving spouse,
- Children,
- Parents, or
- Any other close heirs.
A lawyer can help you to determine whether or not you have a wrongful death case, and who can pursue the wrongful death case.
Common Causes of Wrongful Death
The opportunities for wrongful death are endless.There are common scenarios for which wrongful death can occur:
- Drunk or distracted drivers kill someone
- Injured individuals were left with death, due to a serious error by their physician
- Employers do not provide a safe place to work
- Businesses sell dangerous products
- Property owners ignore dangerous property conditions
Each situation will have its own specific facts. An attorney will review the relevant facts in your case to assess what happened.
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Why hire a Kansas City wrongful death lawyer?
Filing a claim by yourself possibly seems daunting while you are grieving, and hiring someone with knowledge and experience might be helpful in a number of ways. They can:
- Obtain all the documents and records
- Speak with witnesses
- Hire experts to examine the accident
- Assess damages
- Negotiate with the insurance
- Ensure your filing is timely
They will also allow you time to recover. While they are pursuing your rights, you can set that aside and focus on family.
What can you recover?
While money cannot bring back your loved one, it can relieve many significant burdens related to medical bills, funeral expenses, lost wages, and lost production.
You may be able to recover for:
- Your medical treatment related to the injury
- Funeral and burial expenses
- Lost wages and lost benefits
- Loss of care, companionship, guidance, and support
- Pain and suffering of the surviving family
Recovery will each vary based on the set of circumstances, and having an experienced attorney will make it easier to understand what you may recover.
How long do you have to bring a claim?
In Kansas, you have two years from the date of the wrongful death to file your claim. If you wait too long, you may lose your right to recover damages.
It is beneficial to talk with a lawyer as soon as possible while the evidence is fresh, and witnesses are able to remember.
The Legal Process
You might be wondering what a claim looks like. Here is a simplified version.
Free Consultation
You will meet with a lawyer to discuss your case, review options, and have questions answered.
Investigation
Your lawyer will gather evidence including, but not limited to, reports, photographs, and expert opinions.
Demand Letter
Your lawyer may send a letter to the insurance company asking, to start with, for a fair settlement.
Negotiation
Most claims settle before court proceedings, and your lawyer will try to get a fair offer.
Filing A Lawsuit
If the parties cannot agree on a settlement, your lawyer will file a lawsuit in court.
Discovery and Pretrial
During this stage, both sides will exchange evidence and take witness statements.
Trial
If necessary, your lawyer will present your case to a judge or jury.
Settlement or Verdict
In conclusion, your case will be resolved by reaching a settlement or verdict by the court.
Selecting the Right Lawyer
Not all lawyers have the same experience with wrongful death cases, so it is important to search for a lawyer who:
- Has experience with wrongful death claims
- Will address your concerns
- Will tell you what to expect in terms of communication
- Will disclose, at the onset, what their fee will be
- Is experienced and competent, has good reviews and references
You deserve to have a lawyer respect you and your family, and display compassion when you need it most.
Help for Grieving Families
Legal process assistance is important, but emotional support is equally important. Kansas City has many resources for families confronting loss:
- Grief support groups
- Counseling services
- Supporting faith-based groups.
You are not alone. You can ask for help and aid yourself in healing.
How a Wrongful Death Claim Can Make A Difference
A wrongful death claim can not only benefit your family but may also protect others from further harm. When companies or individuals see there are consequences for their negligent action, they may change their business practice. Holding individuals accountable can help restore some semblance of justice. And it assists in protecting others in the community.
What Are Your Next Steps?
If you have lost family members due to someone else’s negligent actions, you may have options.A wrongful death attorney in Kansas City can assist you with every step in the process. Many attorneys will do free consultations, and work on a “no win, no fee” basis. You will not have to pay anything up front and you will not owe anything unless you collect.
Call a trusted, local law office today to get more information about your options.
FAQs About Wrongful Death in Kansas City
1. Who can file a wrongful death claim in Kansas?
The deceased person’s spouse, children, parents, or heirs can file. Your attorney can figure out whether you qualify.
2. What if it is a death due to an on-the-job injury?
If the death was sustained in the course of employment, you may have other options depending on the circumstances, a workers comp claim or maybe a wrongful death lawsuit.
3. How long do I have to act?
You have two years from the date of the death to file. You don’t want to wait, evidence can fade over time.
4. How much will it cost to hire a wrongful death attorney?
Most attorneys work on a contingency basis. You will not have to pay anything up front. The attorney will get a percentage of the amount you recover.
5. What kind of damages can my family expect to recover?
You can probably recover reimbursement for medical expenses, burial expenses, lost wages, and loss of companionship and support of your loved one.
Talk With A Kansas City Wrongful Death Lawyer Today
You and your family deserve reasonable answers and compensation for your loss. If someone else’s negligence resulted in a loss, your family has rights under Kansas law.
A qualified Kansas City Wrongful Death Lawyer can assist you and your family through this hard process, and do all of the legal work while you focus on your healing process.
