It is always a tragic thing when a loved one passes away before their time, 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 bring closure to a very difficult chapter in your own life. If you need a wrongful death lawyer in Kansas City, Mayer & Rosenberg, P.C. would like to represent you in court. Contact us to discuss your legal rights and options.
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:
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 using a surgical instrument improperly can be sued for wrongful death if the baby later dies as a result of these injuries, because the doctor could be held liable for the damages caused by their misused instrument.
A knowledgeable wrongful death attorney can help you with your legal case. They may assist with gathering evidence and documentation, filing legal papers and reports, and will stand by your side in the courtroom. They can aid with recovering damages which 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 attorneys at Mayer & Rosenberg, P.C. are 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. We have more than 40 years of experience in taking on wrongful death suits, and we want to put our legal expertise to work for you. There is no fee until your case is won or settled, and we offer free consultations. Call now for a no-cost case evaluation.
Losing your loved one in an accident caused by the negligence or wrongful act of another individual is a devastating and traumatizing experience. The surviving family members suffer not only from the emotional pain and distress but also from the financial burden.
Each year, thousands of grieving family members in Missouri pursue a wrongful death claim against those who caused or contributed to their loved one’s death. If you are experiencing the emotional burden caused by the loss of your loved one, do not go through this alone. Seek help from our Kansas City wrongful death attorney at Mayer & Rosenberg, P.C., to discuss your case and determine whether you can file a wrongful death claim.
Who’s Eligible to File a Wrongful Death Lawsuit in Missouri?
If you are looking to find out who has the right to file a wrongful death lawsuit in the state of Missouri, you have come to the right place. Our skilled wrongful death lawyer in Kansas City says that 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 killed 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.
But what happens if the deceased individual has no surviving spouse, children, grandchildren, and parents? Who will have the right to file a wrongful death lawsuit in that situation? Our Kansas City wrongful death lawyer from Mayer & Rosenberg, P.C., explains that the deceased’s surviving siblings are the second in line. If the deceased had no siblings, the personal representative of the deceased’s estate is the third 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.
Damages that surviving family members may be entitled to recover through a wrongful death case go beyond medical bills related to the deceased’s fatal injury and funeral and burial expenses. Our skilled wrongful death attorney in Kansas City explains that you may have the right to pursue compensation for such economic and non-economic damages as pain and suffering, the value of the deceased’s wages he or she would have earned if he/she lived, the value of the consortium, companionship, guidance, mentorship, comfort, and support that would have been provided by the deceased, and many more.
To determine how much your wrongful death lawsuit is worth, an attorney would have to consider such factors as the deceased’s:
As you can imagine, non-economic 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 & Rosenberg, P.C.
There are specific time limits, also known as the statute of limitations, for filing a wrongful death lawsuit in the state of Missouri. In order for your wrongful death claim to be accepted by a court in Kansas City or another city in Missouri, the lawsuit must be filed within three years from your family member’s death.
While three years may seem like you have lots of time to grieve and cope with the tragedy, you have no time to waste. You need to start collecting evidence proving the defendant’s negligence as soon as possible. Our best wrongful death lawyers in Missouri will be glad to assist you with your case and help you preserve vital evidence, collect information, handle the paperwork, and determine the value of your case.
We work to win the cases of our clients, and we only get paid when our clients receive compensation. Contact Mayer & Rosenberg, P.C., to schedule a free consultation today. Call at 816-941-8949 today.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.