If you’ve lost a loved one, you have our deepest sympathies. The pain you feel may be especially strong if you lost your loved one because of someone else’s actions. A drunk driver may have caused a fatal collision. A routine medical device failed and led to a fatal illness. A business neglected to repair a guardrail, resulting in a fatal fall. Our firm is here to help.
At CPY Law, we hold people accountable for their actions while supporting families during the most difficult times. Our wrongful death attorneys have dedicated their lives to fighting for people all over Missouri who feel alone or overwhelmed. We have one goal: we want you to heal while we lead the fight.
Consultations are free, and you do not pay us anything unless we win your case. For a free case review with our wrongful death lawyers, contact our Kansas City, MO law firm today.
What Is Wrongful Death?
A wrongful death is a type of civil action that family members and dependents can bring against a party that is responsible for the death of a loved one.
Wrongful death claims can be filed following fatal motor vehicle crashes, fatal injuries on someone’s property, or deaths caused by dangerous or defective products.
Four Key Elements of a Wrongful Death Claim
Some people use the phrase “fatal accident” when referring to car wrecks or bad falls. We know that many times these are not accidents but the result of someone’s negligent actions or their failure to act.
With this in mind, here are four essential elements in every wrongful death case:
- Duty of Care: This means the obligation to act reasonably and ensure the safety of others.
- Breach of Duty: This means that someone failed in their duty to act responsibly.
- Causation: This means that by failing to act responsibly, that person caused the death of a loved one.
- Damages: This means that family members experienced actual harm or losses because someone acted irresponsibly and caused the death of a loved one.
At CPY Law, our Kansas City wrongful death attorneys will build cases with these elements in mind. We’ll work with expert witnesses to strengthen your claim, backing up your case with solid evidence and sound testimony.
Who Can File a Wrongful Death Lawsuit in Missouri?
Per RSMo § 537.080, the following people can file a wrongful death action following the loss of a loved one:
- The surviving spouse, children, parents, or grandchildren of the deceased have priority in filing a claim
- If no one in the first class files a lawsuit, the deceased’s siblings or the descendants of the deceased’s siblings can file a wrongful death claim
- If no one in the above groups files a claim, the court can appoint a plaintiff ad litem to file a wrongful death action
Note that only one wrongful death claim can be filed under Missouri law. If you’re not sure if you’re eligible to file a wrongful death lawsuit, our Kansas City attorneys can review what happened and provide clarity about your legal options.
Wrongful Death and Survival Actions: Understanding the Difference
In addition to wrongful death claims, it’s also possible to file a survival action (RSMo § 537.020).
A survival action allows the estate of a deceased person to file a personal injury claim for any medical bills, pain and suffering, and other losses a person experienced before they died.
Who Can File a Survival Action?
In Missouri, a personal representative of the deceased’s estate is allowed to file a survival action.
If the will of the deceased does not name a personal representative, a personal representative may be appointed by the court. This person is usually a surviving spouse or family member.
Can Wrongful Death Claims and Survival Actions Be Combined?
Survival actions and wrongful death claims can be combined into a single lawsuit following the death of a loved one.
The team at CPY Law can guide families through the legal process, offering straightforward answers and emotional support along the way. Our Kansas City wrongful death attorneys are here to ensure you do not feel lost or alone during this difficult time.
Compensation in Wrongful Death Claims
Families seek compensation for any losses caused by the fatal incident. This includes economic damages (measurable financial losses) and non-economic damages (subjective and intangible losses).
- Funeral Expenses: This includes any costs associated with funeral services, burial or cremation, memorials, or celebrations of life.
- Medical Bills Before Death: This includes any medical help or attempts at resuscitation following a serious injury or incident that ultimately proves fatal.
- Loss of Future Financial Support: This includes the loss of a loved one’s income, insurance coverage, and other financial contributions to a household.
- Pain and Suffering: This includes mental anguish, emotional distress, ongoing sleep disturbances, and other changes to quality of life associated with mourning and grieving.
- Loss of Companionship: This includes the various difficulties associated with losing a loved one, such as the loss of affection and intimacy or the loss of parenting and care.
Damages for Aggravating Circumstances in a Wrongful Death Claim
In addition to the compensatory damages listed above, the state of Missouri also allows damages for aggravating circumstances. These would be known as “punitive damages” or “exemplary damages” in other states.
Rather than compensating the surviving loved ones for their loss, damages for aggravating circumstances are intended to punish the defendant and deter similar actions by others in future.
Damages for aggravating circumstances are available when a person’s conduct was especially egregious, such as fatal drunk driving cases or cases that involve deliberate misconduct. Our wrongful death lawyers can let you know if these damages apply to your claim.
You Can Seek Compensation Even If Your Loved One Was Partially Liable
Missouri follows a pure comparative fault rule (RSMo § 537.765). This means surviving family members can still recover damages in a wrongful death claim even if their loved one was partly or mostly at fault in the fatal incident.
The compensation the surviving family members receive is reduced by the loved one’s share of liability. Insurance companies may claim that your loved one was more responsible for the fatal incident than they actually were.
Our Kansas City wrongful death attorneys can push back against these claims so you receive full and fair compensation.
The Statute of Limitations for Wrongful Death Lawsuits in Missouri
The statute of limitations for fatal incidents in Missouri is three years from the date of death (RSMo § 537.100). Once this three-year statute of limitations has passed, you will no longer be able to file a legal claim.
There are some exceptions to this three-year statute of limitations. If the fatal incident involved a government entity, for instance, you need to file a formal notice of claim within 90 days of your loved one’s passing.
Even though you may have up to three years to file a lawsuit, it’s best to contact our Kansas City wrongful death lawyers as soon as possible. The team at CPY Law can secure crucial evidence, start building a strong case, and communicate with the insurance company on your behalf as you process your grief.
Why Choose CPY Law for Your Wrongful Death Claim
If you’ve lost a loved one because of another person’s negligent actions or inaction, our Kansas City wrongful death attorneys are ready to help. We want you to focus on mourning and healing while we lead the fight forward.
Here’s why people throughout Jackson, Clay, Platte, and Cass counties trust the wrongful death lawyers at CPY Law.
- Reliability and Legal Excellence: We know that many families come to us experiencing deep sadness and an uncertain future. Our goal is to listen, provide clear communication, and remain thoughtful and diligent throughout the legal process.
- We Hold Ourselves and Others Accountable: CPY Law seeks accountability from others. We also demand the same from ourselves. When you hire us after losing a loved one, we will lead the fight forward. We listen to you, we do what we say, and we ask the same of our staff and colleagues.
- Free and Confidential Consultations: At CPY Law, you pay nothing upfront to speak with a wrongful death lawyer. Consultations are free, confidential, and no obligation. We want to hear what happened and offer support and guidance during a painful time.
- Clients Pay Nothing Unless We Win: You owe us nothing unless and until we win. Our lawyers work on a contingency fee basis, which means we only get paid after your wrongful death case is successfully resolved. If we don’t win, you don’t pay.
Contact Our Kansas City Wrongful Death Attorneys Near You
If you have lost a loved one in a fatal crash or tragic incident, CPY Law is here to help. Our attorneys are ready to listen and will provide the support you need during this difficult time. For a free and confidential consultation with a wrongful death lawyer in Kansas City, contact CPY Law today.
Frequently Asked Questions About Wrongful Death Claims in Kansas City
Below are some of the most common questions we’ve heard from families during wrongful death lawsuits.
How much will it cost to hire a wrongful death lawyer in Kansas City, MO?
The cost of a wrongful death attorney in Missouri can vary by firm and the nature of the case. Factors that affect the legal fees include the complexity of the fatal incident, how long it takes to reach a resolution, and fee structures that are specific to a given law firm.
At CPY Law, you will not be charged anything upfront. Initial consultations with our Kansas City wrongful death lawyers are free. Our law firm also operates on a contingency fee basis. That means you only pay if we can secure a settlement or favorable verdict for you.
If we secure a monetary award, our fee is a percentage of the compensation obtained. This is one of many ways that we hold ourselves accountable to our clients.
What should I do if my family member died in a workplace incident?
If you’ve lost a loved one due to an on-the-job injury or a work-related illness, you should take these steps:
- Make sure your loved one’s employer has reported the fatality.
- Preserve any evidence relevant to the fatal workplace incident, such as photos, videos, texts, emails, witness accounts, and any correspondence about working conditions.
- Inquire about workers’ comp death benefits and survivor benefits that could assist your household.
- Speak with an attorney about the death of your loved one.
A third party could be held liable for the death of your loved one, and our lawyers can help you seek compensation through a wrongful death claim.
Can I sue a driver if my loved one was a passenger killed in a car wreck?
Yes, you can seek compensation from a driver if your loved one was riding in the vehicle and killed in a car crash. This applies to rideshare drivers for companies Uber and Lyft as well as normal commuters. The at-fault driver’s liability coverage will be the primary source of compensation.
These kinds of claims can be complicated if you know the at-fault driver or if you have to deal with complex insurance matters involving rideshare companies. Our attorneys can help you navigate these issues, no matter what they may be.
What if I learned my loved one’s death was caused by negligence months after they died?
You can still seek compensation even if you discovered someone was liable for the death months later.
Missouri does not have a discovery rule, so you will still have three years to file a wrongful death lawsuit starting on the date of your loved one’s death. It’s best to speak with our Kansas City wrongful death attorneys as soon as possible.
Can I file a wrongful death claim if the defendant wasn’t criminally charged?
Yes. Criminal prosecution is not necessary to file a civil wrongful death claim for damages.
Reach out to an attorney as soon as possible after the fatal incident. The team at CPY Law can assess the situation and determine the best path forward in the fight ahead.
