Who can file a wrongful death claim?
A wrongful death is a death caused by the negligent, reckless or wilfull acts of another. A wrongful death can arise out of virtually any type of wrongful act, such as car or truck accidents, dangerous conditions on land, workplace injuries, nursing home negligence or defective products.
Our attorneys have a wealth of experience representing grieving family members in a variety of wrongful death cases. If you have questions about the death of a loved one, contact our Missouri and Kansas Wrongful Death attorneys at 913-495-9965.
Who can file a wrongful death claim will depend on the law of your state. Generally, immediate family members (such as children, spouses and parent) can sue. If there is no immediate family, often times more extended family members can pursue the claim.
When must a wrongful death claim be filed?
Every state has its own wrongful death statute of limitations. A statute of limitations defines the time frame in which a lawsuit must be brought. In Missouri, the statute of limitations for a wrongful death claim is generally 3 years (but it may be shorter in medical malpractice and nursing home negligence claims). In Kansas, the statute of limitations for a wrongful death claim is 2 years. The statute of limitations usually runs from the time of the victim’s death, although some states may allow a lawsuit to proceed if the negligent or wrongful act thay caused the death was not discovered until later.
In some states, including Kansas, an estate must be opened to pursue a wrongful death claim. The period of time in which to open an estate may be as short as 1 year.
What damages are recoverable?
Recoverable damages vary from state to state. Both Kansas and Missouri allow for the recovery of economic and non-economic losses.
Economic losses include lost wages, burial expenses and medical bills. Non-economic losses are more difficult to calculate. Recoverable non-economic losses may include damages for loss of household services, loss of companionship, comfort, instruction, guidance, counseling, support and consortium (i.e. the relationship between husband and wife). Generally, there can be no recovery for grief and bereavement suffered because of the death.
For More Information See Our Wrongful Death FAQs
If you or a loved one has died as a result of an accident or negligence, contact our Missouri and Kansas wrongful death attorneys at 913-495-9965 or through this website. You deserve a firm that will advocate for you with diligence and compassion.