Kansas City Wrongful Death Lawyer

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No sudden death ever feels right to grieving loved ones left behind, but when a family member’s death was preventable and only occurred because of someone else’s carelessness, reckless actions, or purposefully wrongful behavior, Missouri law considers it a wrongful death. If the cause of death involved a crime, the criminal justice system must prove the defendant’s guilt beyond a reasonable doubt, but a civil wrongful death claim proceeds independently of any criminal charges in the case and doesn’t require a crime. Instead, a wrongful death claim in Kansas City allows close family members of the loved one who passed (decedent) to recover financial compensation for the economic and non-economic consequences to the family. These consequences are the “damages” in a wrongful death case in Missouri.

Why Choose Miller & Hine for Legal Counsel in Your Missouri Wrongful Death Claim?

The renowned law firm of Miller & Hine offers dedicated legal advocacy for injury victims and the family members of those who suffered wrongful death in Kansas City and the surrounding area. Our combined five decades of legal experience have given us a track record of success in recovering millions of dollars for our clients. We offer many advantages to your wrongful death case, including the following:

Our attorneys Jeff Hine, Jason Hine, Jimmy Miller, and Paul Vysotsky are renowned with strong backgrounds and positive reputations with their peers. The law firm has a history of notable wins and settlements bringing millions of dollars to injury victims and family members of those who suffered wrongful death.

Common Causes of Wrongful Death Claims in Kansas City

If you lost a loved one suddenly due to the actions or negligent inaction of another party, you may be wondering if you have a valid case to file a wrongful death claim in Missouri. Although your loved one’s circumstances may be unique, it helps to know the most common causes of wrongful death claims in Kansas City. These include the following:

When another party fails to take reasonable measures to prevent causing injuries to others, such as a driver’s failure to avoid distraction from their cell phone or an apartment-building owner’s failure to properly maintain smoke detectors, they are liable for damages for injuries or wrongful death their negligence caused someone else.

Proving Liability in a Wrongful Death Case

In a civil wrongful death claim, the plaintiff must prove liability through a preponderance of the evidence. The evidence must show the following:

Your attorney from Miller & Hine will investigate all aspects of your loved one’s death and gather evidence of liability, then send a list of your damages in a demand package to the appropriate insurance company.

What Kind of Compensation Can My Family Recover in a Wrongful Death Claim in Kansas City?

During the grief and anguish family members suffer after a loved one’s sudden loss, family members may also face distress with the realization that they lost a family provider or the family member who provided care for children and the household. The fear of financial hardship often compounds grief in these circumstances. A successful wrongful death claim helps family members recover financial compensation for their losses as well as a sense of accountability and justice. Common compensation in Missouri wrongful death claims includes amounts for the following damages:

Monetary compensation cannot bring a loved one back, but it helps alleviate financial worries so family members can focus on saying goodbye to their loved one and moving forward from the loss.

Who Can File a Wrongful Death Claim in Missouri?

Missouri limits those who can file wrongful death claims to close family members. This prevents distant relatives who don’t suffer financial losses from the death from profiting from the loss. In Missouri, only the following family members may file a wrongful death claim:

If the decedent leaves behind none of the above candidates for a wrongful death claim, a sibling, the child of a sibling, or a representative of the victim’s estate may file a claim.

How Long Do I Have to File a Kansas City Wrongful Death Claim?

Missouri residents have up to three years to file a wrongful death lawsuit. Like all states, Missouri places a statute of limitations on this type of tort claim. In limited cases, some exceptions to this time limit apply. For instance, the state may “toll” or extend the time limit if the person responsible for the death isn’t identified or apprehended until some time later, or if fraud or a coverup hid the cause of the death until later. 

If you aren’t certain how Missouri’s statute of limitations for wrongful death claims applies in your case, your attorney from Miller & Hine can help during your free case consultation.

Do I Have to Go to Court for a Wrongful Death Claim?

Having a skilled attorney asserting your right to compensation to the at-fault party’s insurance company—such as auto insurance in a car accident case or product liability insurance in a defective product case—makes it far more likely for your claim to end with an ample settlement from the insurance company. However, at Miller & Hine, we have a history of successful court litigation and are more than ready to file a lawsuit within the state’s statute of limitations if it’s required to recover the compensation your family deserves.

Call Miller & Hine For a Consultation About Your Loved One’s Wrongful Death in Kansas City

Your family shouldn’t have to take on this legal challenge alone at the same time that you are dealing with a tragedy. Sadly, insurance companies commonly dispute this type of claim to protect their profits or offer fast settlements for far less than the claimant deserves. Contact Miller & Hine today so our Kansas City personanl injury lawyers can begin prompt action on your wrongful death claim while you focus on your loss.