Has your family suffered the untimely death of a loved one in Kansas City, MO? Our Missouri wrongful death law firm has recovered record-setting settlements, judgment and verdicts on wrongful death cases- Over $100 Million dollars and counting. More importantly than this, it is our mission to get answers for grieving families as to the underlying facts. How did this needless death happen? Why did it happen? How did it happen? It is our mission in every wrongful death case to effect changes in how companies operate so senseless tragedies don’t happen again. Consulting experienced wrongful death attorneys can provide the support needed to navigate these emotional and legal complexities, allowing families to focus on healing while knowing their case is being managed by skilled professionals.
Our top-rated lawyers handle all types of cases stemming from medical malpractice cases, workplace accidents, motorcycle accidents, truck accidents, and more, including fatal accidents.
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Our Lawyers Can Help
As difficult as it is to lose a loved one, it is even more painful to lose them due to someone else’s actions. Financial compensation cannot bring back your loved one, but it can hold the responsible party accountable and relieve you of the financial burden after your loved one’s death. Our Kansas City personal injury lawyers can help you bring a wrongful death claim against the at-fault party.
Bradley Law Personal Injury Lawyers was founded by E. Ryan Bradley. Attorney Bradley has obtained some of the highest verdicts in Missouri history and puts his reputation and legal expertise to work for you.
Choose Bradley Law Personal Injury Lawyers to represent you and our firm will:
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Handle all communications and administrative tasks
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Help you make important decisions about your case with support, guidance, and insightful legal advice
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Investigate the circumstances of your loved one’s accident to identify who may be liable and gather evidence for your claim
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Work with specialists to value the damages your family suffered and establish negligence
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Seek fair compensation through a settlement or present a compelling case to a jury
Your loss creates more than just emotional devastation. You are also forced to deal with real-world obligations and financial matters without your loved one’s support. You deserve time to grieve.
Bradley Law Personal Injury Lawyers will give your family time to heal while we fight for the compensation you need from the at-fault party. Contact us today for a free consultation with a Kansas City wrongful death attorney ready to help you.
Overview of Wrongful Death in Missouri
Missouri Revised Statutes Section 537.080 defines wrongful death as a death due to someone else’s “conduct, occurrence, transaction, or circumstance” that would have entitled the decedent to pursue a personal injury claim if they lived.
Put simply, a death is wrongful and may prompt a wrongful death action if someone is killed due to the negligence, recklessness, or criminal action of another. A fatal accident often involves legal complexities and an emotional aftermath, making it crucial to seek legal support to navigate wrongful death claims.
A wrongful death lawsuit allows family members to seek compensation for their losses from the at-fault party.
However, Missouri law is clear on who may file:
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Surviving spouses, children, or grandchildren are typically first in line for a wrongful death claim.
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In their absence, surviving siblings can file a claim.
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With no surviving immediate family, the estate’s personal representative may file a wrongful death lawsuit.
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With no personal representative named, someone entitled to share in the proceeds of the claim may be appointed a plaintiff ad litem.
If you have questions about whether your loved one’s death entitles you to a wrongful death claim, contact Bradley Law Personal Injury Lawyers for a free case review.
What is Wrongful Death?
Wrongful death refers to a situation where a person’s death is caused by the negligence, recklessness, or intentional conduct of another individual or entity. This tragic event can occur in various circumstances, such as car accidents, medical malpractice, product liability, workplace accidents, and premises liability. When a wrongful death occurs, it often results in significant financial losses. These losses can include medical expenses incurred before death, funeral costs, loss of financial support, and the profound loss of companionship and guidance. Understanding the nature of wrongful death is crucial for families seeking justice and compensation for their irreplaceable loss.
Who Can File a Wrongful Death Claim?
In Kansas and Missouri, the law specifies who can be appointed as the personal representative to file a wrongful death lawsuit. Typically, surviving spouses, parents, children, and grandchildren are eligible to be appointed as personal representatives. To bring a wrongful death suit to court, you must demonstrate that a wrongful death occurred, the death was caused by the negligence or wrongdoing of another party, and you have suffered damages as a result of the death. Consulting with a wrongful death attorney can quickly determine if you have grounds for a claim. During a free consultation, an experienced wrongful death attorney can assess your case and guide you through the legal process to seek the justice and compensation your family deserves.
What Is My Wrongful Death Claim Worth?
There are no calculators, formulas, or charts to estimate the value of a case. A wrongful death case may be worth as little as $10,000 or as much as several million. The best way to estimate the value of your case is through a consultation with an experienced wrongful death lawyer.
Your loved one’s medical bills, the wages they would have earned, and your family’s will likely make up the largest share of your claim’s value. However, valuing a case is difficult.
Proving the wages your loved one would have earned and contributed, for example, requires expert financial testimony. This considers their earning capacity, life expectancy, health, and work history.
Your family’s losses are even harder to value. To quantify these losses for a jury, your lawyer may present evidence about their character, the skills they contributed to your family, the role they played in raising children, and how much care they provided.
Value Driver #2: The Kansas City Wrongful Death Lawyer You Hire
The value of your accidental death case is only as good as the experienced wrongful death attorneys you hire. If that lawyer doesn’t know what evidence to secure, what claims to make and what parties have legal duties, you lost the battle before it began. Our skilled KC wrongful death lawyers will ensure all evidence is preserved, thoroughly analyzed by experts and all negligent parties are brought to justice.
Schedule a free consultation with AV rated by Martindale – Hubbell, the leading lawyer rating company for decades. Call Bradley Law Personal Injury Lawyers today to discuss your case. We will help you understand what your claim may be worth and fight for the damages your family needs as you work to move forward.
What Damages Are Available in a Wrongful Death Lawsuit?
Wrongful death claims are a legal avenue to seek financial compensation when someone else causes the death of their loved one. You may be entitled to economic and non-economic damages for your loved one.
Common damages available include:
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Burial and funeral expenses
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Wages and employment benefits the decedent would have earned and contributed to the family
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Medical costs related to the accident
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Your loved one’s pain and suffering before death
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Loss of consortium, companionship, services, training, guidance, support, comfort, and instruction
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Child care or elder care the decedent would have provided
Missouri does not allow damages for bereavement. However, your family can still pursue other non-economic losses you suffered.
The value of elder or child care is a unique aspect of Missouri wrongful death cases. If your loved one was not employed full time and provided care for a family member who was a minor, aging, or infirmed at least half of their time, the presumed value of this care is 110% of the Missouri average weekly wage.
If the defendant’s actions had aggravating factors, you are entitled to additional damages. These damages are similar to punitive damages, and they punish the wrongdoer when the behavior was dangerous with a high risk of causing injury or death.
We Handle All Types of Kansas City Wrongful Death Cases
Bradley Law Personal Injury Lawyers represent family members in all types of wrongful death claims. This includes wrongful death due to negligence and death resulting from crime.
Contact our law office if your loved one was killed in any of the following:
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Pedestrian accidents
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Boat accidents
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Premises liability, including slip and fall accidents and dog bites
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Elder abuse and neglect
Our Kansas City wrongful death lawyers will help you understand if you have a case and how to hold the responsible party accountable. Contact us today to schedule your free consultation.
Common Causes of Wrongful Death
Wrongful death can occur through various situations, each with its own set of circumstances and legal implications. Some common causes of wrongful death include:
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Car Accidents: Motor vehicle accidents can result in a wrongful death claim if the accident was caused by the negligence of another driver, such as distracted driving or driving under the influence.
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Medical Malpractice: Medical malpractice can lead to a wrongful death claim if a healthcare provider fails to provide adequate care, resulting in the patient’s death. This can include misdiagnosis, surgical errors, or medication mistakes.
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Product Liability: A product liability claim can arise if a defective product causes the death of a user. This can involve faulty machinery, dangerous pharmaceuticals, or unsafe consumer products.
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Workplace Accidents: A workplace accident can result in a wrongful death claim if the accident was caused by the negligence of the employer or a coworker, such as inadequate safety measures or equipment failures.
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Premises Liability: A premises liability claim can occur if property owners fail to maintain a safe environment, resulting in the death of a visitor. This can include slip and fall accidents, inadequate security, or hazardous conditions.
Understanding the common causes of wrongful death can help identify potential claims and seek the justice they deserve.
How Do I Prove Fault in a Wrongful Death Claim?
To recover compensation in a wrongful death case, you must prove the other party was negligent and caused your loved one’s death. Their negligent actions must be proven by the “more likely than not” legal standard.
There are four factors that must be proven to hold the at-fault party responsible:
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The defendant owed your loved one a duty of care.
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The defendant breached this duty.
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The breach of duty caused the accident that injured your loved one.
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Your loved one’s death resulted.
As a general rule, if your loved one could have survived and brought a personal injury case against the at-fault party, you may also have a wrongful death claim.
To prove negligence and fault, Bradley Law Personal Injury Lawyers will perform a thorough investigation into your loved one’s injury and death. We will gather evidence that helps prove how the accident occurred, who was at fault, and how the accident contributed to your family member’s death.
There are many forms of evidence that may be relevant in a wrongful death case:
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Accident report
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Police reports
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Arrest or criminal conviction
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On-board vehicle data
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Cell phone records
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Witness statements
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Property inspection and maintenance logs
We may work with specialists to help us analyze evidence and submit expert witness testimony that helps prove fault in your case.
Comparative Fault in Wrongful Death Cases
In Missouri, the comparative fault doctrine applies to wrongful death cases. This means that if the deceased was partially responsible for their own death, the amount of damages awarded to the surviving family members may be reduced proportionally. For example, if the deceased was found to be 20% responsible for their own death, the amount of damages awarded may be reduced by 20%. This doctrine ensures that compensation is fair and reflects the degree of fault of all parties involved.
A wrongful death attorney can help you understand how comparative fault may apply to your case and work to minimize its impact on your claim. Consulting with an experienced wrongful death attorney is crucial to navigate the complexities of comparative fault and to ensure that your family receives the compensation they deserve.
How Long Do I Have to File a Missouri Wrongful Death Lawsuit?
When your loved one’s death was caused by someone else, you have a limited amount of time to hold them responsible in civil court. The Missouri statute of limitations for wrongful death lawsuits is just three years. This deadline begins on the date of your loved one’s death.
If you miss this deadline, your case will be dismissed. You will lose your right to hold the responsible party accountable for the damages your family have suffered. Do not delay; contact our Kansas City wrongful death attorneys as soon as possible to protect your claim.
Bradley Law wrongful death lawyers are committed to helping your family hold the responsible party accountable for your loved one’s premature death. We will put our experience and reputation to work on your behalf to seek the full compensation your family needs during this difficult time.
Our trial attorneys work on a contingency-fee basis; you pay no out-of-pocket expenses and nothing unless we are successful. Bradley Law Personal Injury Lawyers has represented surviving family members in wrongful death cases for over 20 years. Call our law office at (816) 408-3448 to schedule your free case review with a compassionate Kansas City wrongful death lawyer.
Frequently Asked Questions (FAQ)
Are punitive damages allowed in wrongful death claims?
Yes. Under Missouri law these types of damages are allowed, just as they are in perosnal injury cases. However, there is a statute that does limit the amount of punitive damages that can be awarded for a fatal accident.
What is an average wrongful death settlement?
This is impossible to answer. Every case is highly specific and depends upon many factors including whether there were criminal acts, intentional misconduct, the insurance company, burial costs, the person’s negligence, the relationships the deceased person had with the victim’s family, the nature of the decedent’s death, the age of the decedent, the economic damages involved, the decedent’s mental anguish prior to death, among other factors.
Is a wrongful death considered a civil lawsuit?
Yes.
Are medical expenses recoverable?
Yes. Any medical services rendered prior to the family member death are compensible.
How long will it take to recover damages?
If could take a few months to a few years to pursue damages and seek justice.
Who has priority in bringing the case?
The surviving spouse or any children of the deceased have first priority to bring a case for fatal injuries. If there is no person in that class or they fail to act within one year, then any siblings can bring a claim against the negligent party for economic damages and non economic damages for their family member’s unexpected death.
Our personal injury law firm also provides:
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Highly Rated Hospitals in Kansas City, MO
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North Kansas City Hospital – 2800 Clay Edwards Dr, North Kansas City, MO 64116
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AdventHealth Shawnee Mission – 9100 W 74th St, Shawnee Mission, KS 66204
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The University of Kansas Hospital – 4000 Cambridge St, Kansas City, KS 66160
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Saint Luke’s Hospital of Kansas City – 4401 Wornall Rd, Kansas City, MO 64111
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Menorah Medical Center – 5721 W 119th St, Overland Park, KS 66200
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Bradley Law Personal Injury Lawyers – Kansas City Office
1509 NE Parvin Rd Ste A,
Kansas City, MO 64116
(816) 408-3448
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