Losing a loved one under any circumstances can be exceptionally painful. When a person you love dies unexpectedly at the hands of another party, even if they did not intend to cause your family member’s death, it can feel as though someone has stolen something out of your life.
Kansas City residents have the opportunity to take action against the party they believe to be responsible for the wrongful death of a loved one, no matter the situation in which the deceased found themselves at the time of their passing. A Kansas City wrongful death lawyer can help you pursue legal action against:
- Nursing home caretakers
- Reckless drivers
- Property owners who fail to fix hazards or provide adequate warning
- Other parties who generally forgo the duty of care that they owe to another person
The legal team at Ben Crump Law, PLLC, can break down your case’s intricacies with you. Call us today at (800)-593-3443 for a free case review.
A Kansas City Wrongful Death Lawyer Can Manage Your Case While You Grieve
To initiate a wrongful death action, you often must prove that your loved one’s death resulted from negligence. You must show how the at-fault party met the four elements of negligence that makes them liable for the damages that resulted from your family member’s passing.
A Kansas City wrongful death attorney can help you establish these four elements existed.
Duty of Care
In Missouri, drivers, property owners, medical professionals, and other parties owe other individuals a duty of care. A duty of care requires someone to offer ordinary protections against danger or negligence to other people. Most of the time, a person takes on a duty of care when that party invites another into their care, such as when a restaurant owner opens for business. However, that invitation does not have to be explicit. For example, every driver who takes to the road owes every other driver a duty of care implicit to getting behind the wheel.
To establish a duty of care in a wrongful death case, you can work with a wrongful death lawyer to determine the relationship between the accused and the deceased.
Breach of Duty of Care
With that connection and responsibility established, you can then go about proving that the at-fault party failed to provide the deceased with an appropriate duty of care. You can do so by bringing forward evidence of negligence or the deliberate violation of the law.
In car accidents, for example, this proof might include video of a driver speeding through a stoplight. In a case of premises liability, you could demonstrate the failure on the property owner’s part to mark the dangerous or unstable ground.
Show How the Breach Caused Wrongful Death and Damages
Finally, you must go beyond showing that the at-fault party breached their duty of care to your family member. You must also show that the accused party’s actions directly resulted in the death of your loved one and that their demise led to economic and non-economic damages to family members, such as:
- Medical bills to treat your loved one
- Funeral and burial expenses
- Loss of financial support that your loved one provided
- Loss of companionship and emotional support
To see how this might happen, consider this hypothetical:
A property owner fails to put a sign next to a pool of water that has formed overnight. When morning comes, the property owner invites others onto their property. Someone slips and falls in the puddle of water, resulting in a concussion that leads to their eventual death.
If the deceased dies specifically of that concussion, with no other health conditions contributing to their death, you could hold the property owner liable for your losses. However, if the concussion triggered an underlying health condition that led to their death, family members might have a more difficult time pursuing compensation for their losses. Nonetheless, since Missouri is a comparative negligence state, it would not bar recovery entirely.
For a free legal consultation with a wrongful death lawyer serving Kansas City, call 800-593-3443
Your Standing to File a Wrongful Death Claim
The Missouri Revised Statutes (RSMo) §537.080 sets out which family members can bring a wrongful death action. Typically, a spouse, parent, or child can sue the liable party, but a sibling of the deceased or a representative appointed by the court can file suit in some situations.
Ben Crump Law, PLLC, recognizes how the intricacies of filing a wrongful death claim can get overwhelming. Our Kansas City wrongful death lawyers can help you better understand your legal position after a loved one’s death. Together, we can work through the details of your case and determine whether you could pursue compensation—and if so, what that compensation might cover.
Kansas City Wrongful Death Lawyer Near Me 800-593-3443
The Importance of Complaints in Wrongful Death Cases
To take legal action for wrongful death, you must outline all the above elements in a legal complaint. The complaint will establish the at-fault party’s duty of care, their violation, and how it caused your loved one’s death and the ensuing damages. You can also elaborate on the compensation you believe you should receive considering your losses.
Your avenues for compensation in a wrongful death case can be economic and noneconomic, meaning some damages have a definitive dollar value, while others may need to have that value calculated. Again, you can work with a Kansas City wrongful death lawyer to determine which damages apply to your case and how best you can fight for that manner of compensation.
Do note, though, that you must file your lawsuit within Missouri’s three-year statute of limitations for wrongful death actions, as detailed by RSMo §537.100.
The Benefits of Working with a Kansas City Wrongful Death Lawyer
You do not always have to go to court to fight for compensation in a wrongful death case. The team at Ben Crump Law, PLLC, can craft a demand letter to send directly to the party you hold accountable for your loved one’s death and negotiate directly with them or their representatives if they accept responsibility.
Whichever path you take to pursue compensation for your losses, know that you do not have to worry about your finances. Our firm does not request payment for legal services rendered unless a court awards you compensation for your losses, or the liable party provides you with an acceptable settlement.
A Kansas City wrongful death lawyer can give you the space you need to grieve a loved one while still helping you pursue justice after their loss. You do not have to undertake this process alone. Instead, we can fight on your behalf for the justice and compensation you deserve.
To reach out to the team at Ben Crump Law, PLLC, you can call (800)-593-3443 today for a free case review.