Dealing with the death of a loved one is hard enough, but dealing with the death of a family member because of someone else’s actions is even harder. When a family member dies due to the negligent, reckless, or wrongful actions of another, then the family will be struggling through hurt, confusion, and anger over their loss. A wrongful death lawsuit is there to try to hold a negligent party or negligent company accountable. If you are in Kansas City, and looking for answers, you might find this information helpful.
A Wrongful Death lawsuit is, in essence, a suit for your family’s loss
A wrongful death lawsuit is a legal case. It happens when a person dies due to someone else’s actions. This can be a car crash, a workplace injury, or even a medical mistake. Wrongful death laws let close families ask for money (damages) for the loss. This includes lost income, pain, and funeral costs. In Kansas City, these cases are taken seriously.
Who Can File a Wrongful Death Case in Kansas City?
Kansas and Missouri have different rules. Since Kansas City sits on both sides, the law depends on which state the person died in.
In Missouri:
- Spouse
- Children
- Parents
- If none of those are alive, then siblings or a court-named person can file.
In Kansas:
- Any one who was depended upon and relied upon by the decedent.
If you need clarification as to who can file, please consult a local attorney.
What Will You Need to Prove In Court?
You must show four things in court:
- Duty – The person or company owed your loved one a duty.
- Breach – They failed in that duty.
- Causation – That failure led to death.
- Damages – Your family suffered from it.
Each of these must be backed by proof. That’s where the legal process helps matters most.
See also: How Experienced Personal Injury Law Firms Can Help You
Frequently Occurring Causes of Wrongful Death in Kansas City
- Car accidents – Relating to drunk driving, speed, or texting.
- Truck accidents – Caused by tired drivers or improper maintenance.
- Medical errors – From misdiagnosis or wrong treatment.
- Workplace injuries – Especially on construction sites.
- Nursing home abuse – When the elderly don’t get proper care.
- Defective products – When items harm instead of help.
Every case is unique. But these causes come up often in Kansas City courts.
What Can You Get from a Wrongful Death Lawsuit?
A wrongful death case can bring money for:
- Funeral and burial
- Medical bills
- Lost wages and benefits
- Pain and suffering
- Loss of companionship
The goal is to ease the burden, not to “profit” from pain.
How Long Do You Have to File in Kansas City?
Time matters. Each state gives a limit.
- Missouri: 3 years from the date of death
- Kansas: 2 years from the date of death
If you wait too long, the court may reject your case. It’s best to act fast.
Stages of a Wrongful Death Case
Stage 1 – Retain an Attorney
The sooner you retain an attorney, the sooner you eliminate wasted time and mistakes.
Stage 2 – Tell Your Story
Gather up all your medical bills, police reports and all other information related to the case, in our case to show your documentation sources for possible witness information about the injuries to the extent that is possible.
Stage 3 – File the Claim
Your attorney will file your claim, most likely in the proper jurisdiction (court/venue, if any) of your jurisdictional authority that is proper for your claim and subject matter.
Stage 4 – Discovery
The parties mutually exchange evidence as the parties requested it of one another. This process takes months.
Stage 5 – Attempt Settlement
Most matters settle, there are many cases moving on with just no resolution, generally the same is the case in the form of agreement, settlement agreement or….depending on sort of negotiating, possibly a post trial – way, agreement.
Stage 6 – (Impractically) Trial, If Needed
If, and only if, the parties did not reach an agreement or settle, you will be sent to trial that are all judges or jury.
You must disclose and report all facts from the beginnings of your matter to your attorney. And again, be ready to be patient on what almost always will be a timely process of litigation.
Do You Need a Lawyer for This?
Yes. These cases are complex. A local Kansas City personal injury lawyer knows the rules and courts. They handle paperwork, gather proof, and fight for your rights. Most lawyers work on a contingency fee. That means they get paid only if you win. You don’t pay up front.
Why Choose a Kansas City Lawyer?
Kansas City has both Missouri and Kansas courts. Local lawyers know how to deal with both. They understand local judges and juries. That makes a difference.
How Much Is a Case Worth?
Every case is different. Some may bring a few thousand dollars. Others may lead to millions.
What affects the value?
- Age and job of the person who died
- Medical and funeral costs
- How much the family relied on them
- Pain and suffering
A lawyer can estimate the value after hearing the facts.
What If the Person Who Died Helped Cause the Accident?
This is called shared fault.
- Missouri: You can still win money, but it may be less.
- Kansas: If your loved one was more than 50% at fault, you can’t win.
Laws on fault are tricky. A lawyer will explain your chances.
Do These Cases Go to Trial?
Not always. In fact, most wrongful death cases settle out of court. This saves time and stress. But if no fair offer is made, trial is the next step.
What Makes a Strong Case?
- Clear proof of fault
- Honest, likable witnesses
- Good records (police, medical, etc.)
- Expert help (doctors, accident experts)
A strong case shows the full story: what happened, who’s at fault, and how the family suffers.
How Long Do These Cases Take?
Anywhere from a few months to a few years. It depends on:
- How clear the facts are
- How busy the court is
- If the other side delays
- If you settle or go to trial
Patience is key, but a good lawyer moves things along.
What Can You Do Right Now?
- Write down what happened.
- Collect papers—death certificate, bills, police report.
- Talk to a Kansas City wrongful death lawyer.
- Don’t post about the case on social media.
Your next move could shape the whole case.
Questions About Kansas City Wrongful Death Lawsuits
Q1: What’s the first thing I should do if I think I have a case?
Call a wrongful death lawyer. They’ll guide you and tell you if the case is strong.
Q2: Can I sue for emotional pain?
Yes. In Missouri, you can ask for emotional damages. Kansas allows this too in many cases.
Q3: What if the person who caused the death has no money?
You may still get money from insurance or other sources. A lawyer will look into it.
Q4: Can more than one person sue?
Yes. In Missouri, all close family members may join the case. Kansas allows it too.
Q5: What if it was an accident and not on purpose?
Intent doesn’t matter. If the person was careless and that caused death, you can still sue.
Final Thoughts
Losing someone hurts. Nothing can bring them back. But a wrongful death case helps your family move forward. It brings justice. It brings answers. And it helps prevent future harm. If you’re in Kansas City and want to talk, reach out to a trusted Kansas City Wrongful Death Lawyer today.
