Losing a loved one due to another’s negligence is a profound tragedy. In such circumstances, pursuing a wrongful death claim can provide a sense of justice and financial relief for the surviving family members. If you’re in Kansas City, understanding wrongful death claims and selecting the right attorney is crucial.
Understanding Wrongful Death Claims in Missouri
A wrongful death claim arises when an individual’s death results from the negligence, recklessness, or intentional actions of another party. These claims aim to hold the responsible party accountable and compensate the deceased’s family for their loss.
Common Causes of Wrongful Death:
Automobile Accidents: Fatalities resulting from car, truck, or motorcycle accidents due to negligent driving.
Medical Malpractice: Deaths caused by medical professionals’ errors, misdiagnoses, or negligence.
Workplace Accidents: Fatal incidents occurring in unsafe work environments or due to inadequate safety measures.
Defective Products: Deaths resulting from malfunctioning or dangerous products.
Criminal Acts: Homicides or other fatal criminal activities.
Who Can File a Wrongful Death Lawsuit in Missouri?
In Missouri, the right to file a wrongful death lawsuit is governed by specific statutes:
Immediate Family Members: The deceased’s spouse, children (including adopted children), and parents have the right to file a wrongful death claim.
Siblings: If there are no immediate family members, the deceased’s siblings may file the lawsuit.
Personal Representative: If none of the above relatives are available, the court may appoint a personal representative to file the claim.
It’s important to note that Missouri imposes a statute of limitations of three years from the date of death to file a wrongful death lawsuit. Missing this deadline can forfeit the right to seek compensation.
Potential Compensation in Wrongful Death Cases
Compensation, or damages, in wrongful death cases can be both economic and non-economic:
Economic Damages:
Medical Expenses: Costs incurred for medical treatment prior to death.
Funeral and Burial Costs: Expenses related to laying the deceased to rest.
Loss of Financial Support: Income the deceased would have provided to the family.
Loss of Benefits: Such as health insurance or retirement benefits.
Non-Economic Damages:
Pain and Suffering: Emotional distress experienced by surviving family members.
Loss of Companionship: Deprivation of the deceased’s presence, love, and guidance.
Emotional Distress: Psychological impact of the sudden loss.
In certain cases, punitive damages may also be awarded to punish particularly egregious behavior and deter similar actions in the future.
Selecting the Right Wrongful Death Attorney in Kansas City
Choosing a competent and compassionate attorney is vital to navigating a wrongful death claim effectively. Consider the following factors:
Experience and Specialization:
Opt for attorneys who specialize in wrongful death and personal injury cases.
Review their track record of successful settlements and verdicts.
Reputation and Client Testimonials:
Research client reviews and testimonials to gauge satisfaction and outcomes.
Check for any disciplinary actions or complaints filed against the attorney.
Resources and Legal Team:
Ensure the attorney has adequate resources, including access to expert witnesses and investigative teams.
Communication and Compassion:
The attorney should demonstrate empathy and maintain open lines of communication.
They should be willing to explain legal processes clearly and keep you informed.
Notable Wrongful Death Attorneys in Kansas City
Here are some reputable law firms and attorneys in Kansas City specializing in wrongful death cases:
1. Ketchmark & McCreight, P.C.
Attorney: Michael Ketchmark
Overview: Specializes in personal injury cases, including wrongful death. Notably represented plaintiffs in over 275 wrongful death lawsuits related to the criminal conviction of pharmacist Robert Courtney. citeturn0search10
Location: Leawood, KS
2. Krause & Kinsman Law Firm
Overview: Dedicated to obtaining resources for clients coping with the loss of a loved one. The firm advances all expenses for cases and operates on a contingency fee basis. citeturn0search2
Location: Kansas City, MO
3. Kevin McManus Law
Attorney: Kevin McManus
Overview: Offers free, no-obligation consultations and emphasizes protecting families’ rights in wrongful death cases. citeturn0search3
Location: Kansas City, MO
4. Brown & Crouppen Law Firm
Overview: Provides free case evaluations and works on a contingency fee basis, ensuring clients only pay if they win. citeturn0search4
Location: Kansas City, MO
5. Langdon & Emison
Overview: Assists clients in pursuing fair compensation following the loss of a loved one, with a focus on wrongful death cases. citeturn0search5
Location: Kansas City, MO
6. Ben Crump Law, PLLC
Attorney: Benjamin Crump