Experienced Wrongful Death Attorney In Kansas City
It is tragic when a loved one passes away, but the pain of that loss can be compounded when the death could have been prevented and only came about due to another party’s negligence. When another party’s negligence is determined to have played a role in someone’s death, it is considered a wrongful death, and the negligent party may be sued in the civil courts.
Filing a wrongful death claim cannot bring your loved one back, but it can help prevent financial hardship and bring closure to a difficult chapter in your own life. If you need a wrongful death lawyer in Kansas City, Mayer & Associates, P.C., would like to represent you in court. Contact us to discuss your legal rights and options.
What Qualifies As Wrongful Death?
A death for which another party is deemed responsible via negligence or liability on their part may be considered a wrongful death. There are a variety of situations in which wrongful deaths take place, including:
- Retirement home or skilled care facility neglect
- Automobile or truck accidents
- Birth injuries leading to death
- Product or premises liability claims resulting in death
- Criminal violence resulting in death
Negligence And Liability In A Wrongful Death Lawsuit
Negligence and liability can take many forms depending on the unique circumstances surrounding a wrongful death claim. For example, if a staff member fails to provide necessary medical or personal care to a person who resides in a skilled nursing facility and that neglect results in the patient’s death, the staff member can be considered negligent under the law and may be sued for damages resulting from their neglect.
In another example, a doctor who injures a baby during birth because of misuse of a surgical instrument may be sued for wrongful death if the baby later dies as a result of these injuries.
How An Attorney Can Help
A knowledgeable wrongful death attorney can help with your legal case. We assist with gathering evidence and documentation, as well as filing legal papers and reports. We also will stand by your side in the courtroom. We can aid with recovering damages that could be paid out as financial compensation to those who are left grieving the wrongful death of a loved one.
If you would like to speak to a wrongful death lawyer in Kansas City, the attorney at Mayer & Associates, P.C., is here to help. We believe that those who are left behind after a loved one’s wrongful death deserve to have justice in the courts, and we will fight to recover a monetary award for your case. Attorney Stephen Mayer brings more than 25 years of experience in litigating wrongful death suits.
Who’s Eligible To File A Wrongful Death Lawsuit In Missouri?
There are stringent rules regarding who has the right to get wrongful death benefits in our state. The surviving spouse of the deceased is first in line to receive compensation, and so are the victim’s parents, and any children and grandchildren. If the deceased family member is a minor or a young adult who was not married, did not have children and did not have a domestic partner at the time of his or her death, then the deceased’s parents are the only people entitled to compensation.
If the deceased individual has no surviving spouse, children, grandchildren or parents, then surviving siblings are able to pursue a wrongful death claim. If the deceased had no siblings, the personal representative of the deceased’s estate is next in line.
If there is no personal representative in your case, the court in Kansas City or elsewhere in Missouri will appoint a “plaintiff ad litem” to file the claim.
What Damages Can Be Recovered In A Wrongful Death Case?
Damages that surviving family members may be entitled to in a wrongful death case go beyond medical bills related to the deceased’s fatal injury and funeral and burial expenses. You may have the right to recover compensation for economic and noneconomic damages such as pain and suffering, the value of the deceased’s future earnings, plus the value of the consortium, companionship, guidance, mentorship, comfort and support that would have been provided by the deceased. It may also be possible to pursue punitive damages.
To properly value your wrongful death lawsuit, an attorney must consider such factors as the deceased’s:
- Life expectancy
- Number and ages of the children
As you can imagine, noneconomic losses and damages associated with a family member’s death are not easy to calculate on your own, which is why you should definitely consider consulting with a Kansas City wrongful death lawyer from Mayer & Associates, P.C..
Be Aware There Are Time Limits To File A Wrongful Death Lawsuit
The statute of limitations for filing a wrongful death lawsuit in Missouri is three years from your family member’s death. It is important to begin collecting evidence and interviewing people of interest as soon as possible after death.
We work to maximize the amount our clients recover in wrongful death lawsuits. We only get paid if we help our clients obtain a recovery. Call 816-692-2877 or use our online contact form to schedule a free consultation.