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Nothing can make up for the pain, shock, and grief of losing someone in your family, especially if someone else is to blame for their passing. Unfortunately, practical concerns often get in the way of mourning a lost family member. Funerals and burials are expensive. You might have unpaid medical bills to cover. You could even have lost your household income. Trying to manage the fallout from all this while allowing time for grief is frustrating and should be the farthest thing from your mind right now. At the same time, you deserve compensation for all that you’ve lost – and your departed loved one deserves justice.
The team at Holland Injury Law, LLC, can help during this dark time. Our Kansas City personal injury lawyers are ready to fight hard for the compensation you deserve, and we won’t rest in our quest for what’s right. Our firm has been doing this for 30 years, and we take a compassionate, delicate approach to every case we handle. By hiring our firm to represent you, you can give yourself more time and peace to grieve and not have to worry about how you’ll pay your bills.
Call us or complete our contact form for a complimentary case review with a wrongful death lawyer in Kansas City.
A wrongful death is any death due to “the wrongful act or omission of another.” When you strip away the legalese, the term refers to a preventable death caused by someone else’s actions or failure to act. Such a death can either be accidental or deliberate. A wrongful death claim, then, is a legal action brought against the person responsible for such a death. The liable party will not go to jail if they lose a wrongful death case, but the courts can make them pay compensation for certain losses the deceased or their family has suffered.
Car Accidents – High speeds, impaired driving, distracted driving, and other dangerous driving behaviors can lead to fatal collisions.
Medical Malpractice – Mistakes by healthcare professionals, like surgical errors or misdiagnosis, can result in preventable deaths.
Workplace Accidents – Industrial mishaps, particularly in the construction or manufacturing sectors, cause injuries severe enough to prove fatal.
Truck Accidents – The massive size of commercial trucks can lead to fatal injuries when they collide with another car, cyclist, or pedestrian.
Motorcycle Accidents – Motorcyclists face greater risks on the road due to their lack of safety devices, increasing their chances that a collision turns fatal.
Pedestrian Accidents – Motor vehicles impart potentially fatal force when they collide with a person on foot.
Defective Products – Malfunctioning or poorly designed products can cause deaths, from household items to dangerous prescription drugs.
Slip and Fall Accidents – Severe falls can be deadly, especially for older adults.
Drowning – Accidental drownings in pools, lakes, or other bodies of water often claim lives unexpectedly.
Fire and Burn Injuries – Fires in homes or workplaces can lead to fatal burn injuries or smoke inhalation.
State law establishes those able to file a wrongful death claim. In Kansas, any of the deceased’s heirs can file a wrongful claim, provided they have sustained a loss due to the family member’s death. Eligible family members include spouses, children, and siblings. Typically, one person files the claim on behalf of the entire family.
Missouri establishes categories of survivors who may file. In the first category are the deceased’s spouse, parents, children, and other descendants (if the children are already deceased). If there is no one in that category, then the deceased’s siblings or their descendants may do so. And if there is nobody in the second category, the courts may appoint a plaintiff among anyone entitled to a share of the deceased’s inheritance.
A wrongful death claim can include compensation for many economic losses related to a wrongful death. These losses include medical bills for the deceased before their death, the loss of income and other financial benefits from the deceased, and funeral and burial expenses.
Family members can also pursue compensation for non-economic losses from a wrongful death, such as emotional pain and the loss of companionship.
Mental anguish
<span”>Loss of companionship or comfort</span”>
Loss of marital care and affection
Loss of parental care, affection, and guidance
Loss of care and affection from a sibling
There is a catch regarding compensation for non-economic losses in a wrongful death claim. Kansas law specifies that the most money families can recover for non-economic losses is $250,000. With that cap in place, it’s crucial to work with an experienced wrongful death attorney who can help you recover the maximum amount for all your losses.
Burial and funeral expenses
Medical bills from the deceased’s treatment
Lost income that the deceased can no longer earn
Pain and suffering the deceased experienced
Loss of household services the deceased provided
Loss of consortium
Deadlines for filing a wrongful death claim also depend on the state in question. Missouri gives claimants three years, while Kansas gives them two.
Two to three years may seem like a long time, but there are several reasons to contact an attorney right away. First, evidence from the accident scene is crucial in these cases. This evidence can quickly deteriorate; someone might even try to destroy it. A wrongful death lawyer can take steps to preserve essential evidence so you have a robust case.
Second, you want to give your attorney as much time as possible to build your case. It takes time to gather evidence, talk to witnesses, meet with scientific or medical experts, and negotiate with an insurance company. Speaking to a lawyer immediately gives them time to do their job without the pressure of an imminent deadline.
Investigating the Accident – Your Kansas City wrongful death lawyer can gather evidence like police reports, witness statements, and camera footage to reveal what happened and who should pay for the harm you’ve suffered. This thorough investigation builds a strong case for you.
Handling Paperwork – There’s a lot of paperwork in legal cases. Your attorney can manage all of it so that everything is accurate and submitted on time. This way, you can focus on healing and your family.
Dealing with Insurance Companies – Insurance companies have a profit motive to minimize the claims they pay out. Your Kansas City wrongful death lawsuit lawyer knows their tactics and can negotiate firmly to pursue every cent you’re owed.
Calculating Damages – We can accurately calculate what you’re owed. Depending on the circumstances, this could include medical bills, funeral costs, lost income, pain and suffering, and loss of companionship.
Representing You in Court – If your case goes to trial, your Wrongful death attorney in Kansas City can be your voice in court. We’ll present your case compellingly, aiming to get you the justice you seek.
What’s more, we are ready to defend your rights and fight for justice at no upfront cost to you. Instead, we’ll only collect a fee if we win. Call Holland Injury Law, LLC, today or reach out online for a free consultation with a wrongful death lawsuit attorney in Kansas City.
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