When a person is injured by another’s negligence, it’s a personal injury case. But when a person dies because of someone’s actions whether due to negligence or deliberate actions, it’s known as a wrongful death. It is a personal injury case that the deceased could have filed had they lived. The suit is now filed by an person, the plaintiff, who was affected by the loss of that individual, such as a spouse or a child.
The plaintiff in a wrongful death suit could receive damages, for such items as:
• Medical expenses from the date of the accident to the date of death
• Funeral and burial expenses
• Lost wages, current and future
• Loss of consortium/companionship/support
• Pain and suffering
• Punitive or exemplary damages, in some cases (i.e., drunk driving accidents)
Bringing a wrongful death action against another party can be difficult after losing a loved one. But with the assistance of the experienced personal injury lawyers from Kansas City's Popham Law, you can rest a little easier knowing that they will fight to get you fair compensation for this unspeakable loss.
What Can Lead To Wrongful Death
Nearly any negligence accident, intentional action or inaction that leads to a person’s death can be considered “wrongful.” That is, if it were not for the individual’s negligence, action, or inaction, the deceased would not have died.
• Bicycle and pedestrian accidents
• Defective products
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse and neglect
• Premises liability accidents, including slip-and-fall accidents
• Swimming pool and other sport-related accidents
• Inadequate security and other premises liability negligence
• Acts of violence
• Truck accidents
• Workplace accidents
These are just some of the causes of wrongful death. When bring a wrongful death type of personal injury, your lawyers will have to prove that the other person or entity failed to use the reasonable care that an average person would use under the same circumstances, and their lack of doing so, resulted in death.
Proving Wrongful Death
A plaintiff must prove the same elements as other personal injury cases:
• Duty of care
• Breach of duty of care, or negligence
• Damages, or financial losses
A wrongful death attorney will investigate your claim to show that the other party had a duty of care, breached that duty, and caused the accident that led to the wrongful death.
Who Can File A Wrongful Death Claim?
A wrongful death case is a personal injury claim brought by the deceased’s survivors on behalf of the deceased:
• Any children
• Parents (including the wrongful death of a child)
The suit is filed by a representative of any of the deceased’s survivors to seek damages and compensation that the deceased would have received had they not died in the accident.
The Statute Of Limitations
This is a definite time limit on how long you have to file a wrongful death claim.
• Missouri allows three years from the date of death
• Kansas allows two years from the date of death
Some cases may have shorter deadlines. If you miss these deadlines, you’ll lose any opportunity to recover compensation. While the money won’t bring them back, it will cover expenses such as:
• Funeral and burial expenses
• Medical expenses for the last injury or illness, from the date of the incident through the date of death
• Lost income and work-related benefits that the family would have received
• Lost companionship, service, guidance and support
• Other related expenses
Even though two or three years seems like a long time, building a case takes time. That’s why you should begin working with an attorney as soon as possible.
Kansas City Wrongful Death Attorneys—Popham Law
We know that nothing can bring back your loved one. But you can seek justice for them through financial compensation on their behalf from the person or parties responsible.
Since 1918, The Popham Law Firm has helped hundreds of people in many accident types, from simple fender benders to accidents involving injuries and property damage. We'll be happy to review your case and let you know if you have one and how to proceed. Contact us at (844) 243-2288 or use our online contact form to get started.