Losing a loved one is always a difficult time. If another person or entity is responsible for your loved deceased, it can be even more difficult. Missouri law permits families to file claims for wrongful death. Wrongful death claims allow grieving families to get justice and financial compensation for the economic loss of their loved one. For those of you in Kansas City, here is a guide of first steps.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit. It is filed when someone dies because of another person’s bad actions. This could be an accident, mistake, or even carelessness. The law lets certain family members ask the court for money.
Examples of wrongful death causes:
- Car or truck crashes
- Medical mistakes
- Unsafe property
- Defective products
- Workplace accidents
- Nursing home neglect
The death must be caused by another person or business. If so, you might be able to file a claim.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law sets rules on who can file. Only certain people have this right.
First in line:
- Spouse
- Children (or their children)
- Parents
If these people do not file, others may be able to:
- Siblings
- Nieces or nephews (in some cases)
If someone doesn’t take responsibility, the court appoints someone to do so. This person makes the claim on behalf of the surviving family and helps determine how the money should be divided.
Time to File a Claim (Statute of Limitations)
In Missouri, you have three years from the date of death to file a claim. It may sound like a long time, but don’t wait. Cases take time to develop. In a wrongful death case, if you miss the deadline to file a claim, you may lose your ability to file.
What You May Recover in a Wrongful Death Case
Money won’t fix the pain. But it can help with costs and stress.
You may get paid for:
- Medical bills before death
- Funeral costs
- Pain and suffering
- Lost wages or benefits
- Loss of love and care
- Loss of future support
The court looks at each case. No two claims are the same. An experienced personal injury lawyer in Kansas City can help to figure out what your case is worth.
What You Must Prove to Win
You need to show that the other person caused the death. This is not always simple.
You must prove:
- The person had a duty to act safely.
- They failed that duty.
- That failure caused the death.
- You suffered because of it.
Each step must be clear. If one part is weak, the case may not win. That’s why many people hire a lawyer.
Do You Need a Lawyer?
You don’t have to hire a lawyer—but it helps a lot. Wrongful death claims are hard. The other side will likely have a lawyer. So should you.
A good wrongful death lawyer can:
- Gather proof
- Talk to witnesses
- Handle court papers
- Deal with insurance
- Fight for fair money
Most wrongful death lawyers don’t charge upfront. They take a part of what you win. If you don’t win, you don’t pay.
How Long Do These Claims Take?
It depends. Some cases settle fast. Others can take years. If the facts are clear, you may settle in a few months. But if the other side fights, it could drag on. Most claims take between 6 months and 2 years. Your lawyer will give you a better idea once they see the case.
What If the Death Was Partly Their Fault?
Missouri uses a “pure comparative fault” rule. That means you can still file a claim even if your loved one shared some blame. But the money may be less.
Example: If the court says your loved one was 20% at fault, you get 80% of the money.
Will the Case Go to Court?
Many cases settle outside of court. But some don’t. If both sides can’t agree, a trial may happen. A judge or jury will decide what’s fair. Going to court is harder and takes longer. But sometimes it’s the only way to get justice.
What Makes a Strong Case?
Several things help:
- Police reports
- Medical records
- Witnesses
- Photos or video
- Expert opinions
The more proof you have, the better. A lawyer can help in the legal process to collect this.
How to Start the Process
Start by talking to a lawyer. They will listen to your story and explain your rights. You don’t have to know everything. That’s their job.
Bring these things if you can:
- Death certificate
- Medical bills
- Police or accident reports
- Insurance info
- Names of witnesses
The lawyer will tell you what’s next.
Kansas City Courts and Where to File
Most wrongful death cases go through civil court. In Kansas City, that’s the Jackson County Circuit Court. Your lawyer will handle filing. You don’t have to go there unless the case goes to trial.
What to Expect During the Case
First, your lawyer will file papers in court. Then the other side responds. Both sides may share info (called discovery). This can take months. After that, they may try to settle. If not, you may go to trial. A judge or jury hears the case. Then they decide if you win and how much. Most families don’t go to trial. But you should be ready, just in case.
Managing the Situation Stress
Loss is a difficult thing to cope with. When there is a court case there is added grief. Give yourself a break. You need to go into talk therapy, talk to your friends or attend a support group. Speak to your lawyer – that is what they get paid for. Don’t have to do this all by yourself and you don’t need to do everything on your own. Help is available.
FAQs
- Can I file a wrongful death claim if the person didn’t have a will?
Yes. A will is not needed. The court still lets the family file. - What if the person who caused the death is facing criminal charges?
You can still file a civil case. Civil and criminal cases are separate. - Can more than one family member get money?
Yes. If the case wins, the court may split the money fairly among close family. - What if I live outside of Missouri?
You can still file if your loved one died in Missouri. The case goes through Missouri courts. - Will this affect the person’s estate?
A wrongful death claim is separate. But in some cases, it may change who gets money from the estate.
Endnote
If your loved one died and someone else is to blame, don’t wait. Talk to a local skilled Kansas City wrongful death lawyer. They can guide you and fight for what’s fair. Justice matters. So does your peace of mind.
