Who’s Liable for a Wrongful Death in Missouri? A Kansas City Lawyer Explains
It’s tough to lose someone. It’s even more difficult when their loss was a result of another person’s error. In Missouri, when a human being dies as a result of some other human being’s actions, the law refers to it as “wrongful death.” That’s right, the family can sue. Consult a local Kansas City Wrongful Death Lawyer for help.
What Is Wrongful Death?
Wrongful death is where a person loses his life due to another person or company’s negligence or wrongful act. It could be due to a car accident, medical mistake, faulty product, or even a criminal attack. Missouri law allows close family members to bring a suit. This helps them obtain money for their loss. A wrongful death lawsuit is a civil, not criminal, matter. It does not put the person in jail, but it could force them to pay money.
Who Is Allowed to Bring a Wrongful Death Claim in Missouri?
Just anyone cannot bring a suit. Missouri has a special list of who can sue:
- Spouse, child, or parent of the deceased individual.
- If none of those are living or able, then siblings can file.
- If no family members are eligible, a court-appointed plaintiff can file the case.
All are entitled to be part of the case but only one claim can be filed. All who are eligible must join on that one claim.
Who Is Legally Liable?
The defendant who caused the death can be liable. That could be:
- A drunken driver
- A careless doctor
- A company with defective equipment
- A company which produced an incorrectly designed product
More than one person or entity may be at fault in certain cases. Your lawyer can figure out who is to blame. Sometimes it’s clear. Other times, careful scrutiny of documents and reports is required.
Examples of Wrongful Death Cases
Below are some examples:
- A surgeon makes a mistake while performing surgery.
- A truck driver naps at the wheel.
- A daycare does not properly care for a child.
- A business sells a lethal product.
- A nursing home neglects a patient’s needs.
In all these situations, someone else’s error or choice led to the death. The law lets you pursue justice when that occurs.
What Must Be Proven?
In order to prevail in a case, you must establish:
- Someone passed away.
- Another individual or group resulted in the death.
- The family was hurt as a result of it.
You need strong evidence. That is police reports, doctor reports, witness statements, and expert opinion. Your lawyer can hire experts who outline what led to the death and what might have been done to avoid it.
What Type of Damages Can You Recover?
It cannot replace the loss. But it can cover costs and distress. Missouri allows these damages:
- Funeral costs
- Lost income
- Medical costs leading up to death
- Pain and suffering
- Loss of affection and companionship
- Loss of services (e.g., help around the home)
There is no set amount. Each case is individual. The court takes into account numerous factors, including how old and healthy the person who died was, and what type of assistance they gave to their family.
Time Limits: Don’t Wait
You have three years from the date of death to file suit in Missouri. If you wait, you lose your right to sue. That’s why it is a good idea to consult with an attorney as soon as possible.
Why You Should Have an Attorney
Wrongful death cases are complex. They are law, evidence, and emotion. A competent Kansas City lawyer can:
- Help you get the facts
- Handle paperwork
- Handle insurance firms
- Take the case to court if need be
- Explain your choices
Lawyers also protect you against manipulation by insurance providers who refuse to pay.
Typical Reasons for Wrongful Death in Missouri
Recurring causes in Kansas City include the following:
- Car and truck crashes
- Medical mistakes
- Hazardous workplaces
- Nurse abuse in nursing homes
- Defective products
- Burns or explosions
- Drowning or hazardous public places
All of them can be the subject of a legal practice action if someone else caused it. These types of situations are more common than most folks think.
What If the Victim Was Brought Partially on Themselves?
Missouri practices “pure comparative fault.”
That is to say even if the deceased were partially at fault, the family is still entitled to receive some damages. The amount is reduced proportionally with respect to their fault.
Example: If the court holds the person 30% at fault, the payment is cut back 30%.
This bill is helpful because it won’t keep families from getting help even if there was a mutual error.
What occurs in a Wrongful Death case?
- You talk with a lawyer.
- They review the case.
- They filed the lawsuit.
- Both parties share facts (this is called discovery).
- You might settle or go to trial.
Your lawyer will keep you updated regularly. Most families want a fair settlement, but trial is the last resort in other situations.
How Long Does It Take?
Each case differs. It may take years or months. It depends on:
- How complicated the case is
- How cooperative the other party is in reaching a settlement
- How busy the courts are
Some cases move quickly, others slowly. A good lawyer keeps the process in motion and fights delays.
Will it cost me money upfront?
Most Kansas City wrongful death lawyers operate on a “contingency fee.”
They only make money if you win. You don’t pay anything upfront. You owe nothing if you don’t win. That makes it more convenient for families to get legal practice help when they need it most.
FAQs
1. Can I bring a wrongful death claim if the killer never was charged with a crime?
Yes. A wrongful death lawsuit is not a criminal action. You may sue even in the absence of charges.
2. How long is a Missouri wrongful death case?
It varies. Some settle within several months. Others take more than that, even over a year, depending on whether or not they must proceed to trial.
3. Can more than one person bring the action?
Yes. If there are a few family members (e.g., siblings), they can sue together.
4. What if the person responsible for the death is broke?
Even if they are penniless, their insurance can cover the loss. Your attorney will decide this.
5. Can I still sue if my loved one lived for a while after the accident?
Yes. As long as the death was caused by the injury, you can file a wrongful death claim.
Final Thoughts
If a third party is at fault in causing the death of your loved one, Missouri law allows you to seek redress. You are entitled to seek help, hold the responsible party accountable, and receive damages. A Kansas City attorney who is familiar with wrongful death law can walk you through every step of the way. You don’t have to do it alone. Call an experienced Kansas City personal injury lawyer today to discover your rights and take the next step. You deserve answers. You deserve support. You deserve justice.