If your family member was killed in an accident caused by someone else’s negligence or intentionally harmful actions, you may have the right to seek compensation for your tragic loss. While money won’t bring your family member back, it can make a huge difference as you begin to move forward with your life.

A Kansas City wrongful death lawyer from Brown & Crouppen can help you fight to maximize your financial award. We are ready to invest our decades of experience and passion for justice to help you achieve the results you deserve.

Our Kansas City trial attorneys have won over $1 billion on behalf of clients and grieving families like you. Contact our law office in Kansas City to learn how we can help. Your first consultation is free, so call today.

How Our Kansas City Personal Injury Lawyers Can Help After a Fatal Accident

You should have the time, opportunity, and space to process your emotions and grieve such an unimaginable loss. That can be tough to do if you’re also fighting an insurance company, hospital, or corporation for compensation in a wrongful death lawsuit.

Fortunately, you are not alone. Our Kansas City personal injury lawyers are ready to take on your case and give you the edge you need for a meaningful financial victory.

When you turn to our compassionate legal team for help after a fatal accident in Kansas City, you’ll be able to focus on moving forward while knowing that your case is in good hands.

We will:

  • Answer your questions, explain your legal options, and keep you updated on the status of your claim throughout the process
  • Coordinate an in-depth investigation into the accident or incident that led to your family member’s death
  • Gather evidence that can be used to build and support a strong claim for compensation
  • Analyze your case with the input of experts and specialists
  • Defend your family member against claims that they caused or share responsibility for their fatal accident
  • Aggressively negotiate with the insurance company and/or at-fault parties so that you’re awarded a settlement that accurately reflects what your wrongful death case is worth
  • Prepare and file a lawsuit with a court in Jackson County, Missouri

When we take your case, we’re invested in your recovery, your future, and your family. Our wrongful death attorneys will do everything in our power to make a difference.

We work on contingency, so there’s no cost to hire our law firm unless we win your wrongful death case. Get in touch with our understanding and compassionate legal team to learn more. We’re always standing by to take your call, listen to your story, and schedule a free consultation.

What is wrongful death in Kansas City, Missouri?

In Missouri, wrongful death is defined as when “the death of a person results from any act, conduct, occurrence, transaction, or circumstance” that would have given the victim the right to pursue compensation through a personal injury claim if they survived.

Put more simply, wrongful death is an avoidable death caused by another person’s negligence, intentional actions, or criminal act.

Wrongful death can arise after any traumatic accident or incident, including:

In wrongful death cases, the right to assert a legal claim shifts to surviving family members or beneficiaries of the decedent.

Who can file a wrongful death lawsuit in Missouri?

Not everyone has the right to pursue compensation through a wrongful death claim in Missouri. 

Under state law, the following family members are given priority:

  • Surviving spouse
  • Children
  • Grandchildren

If the victim doesn’t have a surviving spouse, child, or grandchild, then a sibling may initiate a legal claim. If there’s no sibling, then the personal representative of the victim’s estate can step in and seek damages, which will ultimately be distributed to surviving beneficiaries.

The personal representative will be the individual named in the victim’s will or appointed by the court if there is no will.

What damages can be awarded in a Missouri wrongful death action?

In a wrongful death action, there are limits as to what damages can be sought and awarded to surviving family members and/or the victim’s estate.

While both economic damages and non-economic damages are available, they’re limited to:

  • Medical expenses incurred prior to death
  • Funeral expenses
  • Lost income and work-related benefits your family member would have earned if they survived
  • Pain and suffering your loved one experienced
  • Loss of consortium, companionship, comfort, instruction, guidance, counsel, training, and support
  • Reasonable cost of household services and support your loved one provided

If the victim was at least 50 percent responsible for caring for a child or disabled family member, the value of their caretaking services is calculated at 110 percent of the average weekly wage.
If your loved one’s death was the result of an intentionally harmful act or the defendant displayed a deliberate and flagrant disregard for their safety, a jury might decide that punitive damages are appropriate, too.

Is there a limit on compensation in Missouri wrongful death cases?

Compensation is limited only in cases involving medical malpractice. If an act of medical negligence caused your family member’s death, the non-economic damages in your case will be subject to a statutory cap. 

Non-economic damages include the personal, hard-to-value trauma that’s associated with your loved one’s death, like loss of consortium or companionship.
This cap is set by the Missouri Department of Insurance and increases by 1.7 percent every year. For 2022, the cap is $787,671.

What if my family member is blamed for their fatal accident in Kansas City, Missouri?

Sharing fault for an accident has a direct impact on related personal injury claims. Missouri has a pure comparative fault system, which provides that damages are reduced in direct proportion to degree of fault.

Let’s say your family member is assigned 15 percent responsibility for a fatal motor vehicle accident. Your wrongful death action is valued at $100,000. Once their shared fault is taken into consideration, your maximum financial award will be equal to $85,000.

Our attorneys will be there to fight for your loved one at every turn. We’ll work hard to discount allegations of fault and minimize the liability (if any) assigned to them.

How much is my Kansas City wrongful death case worth?

There’s no standard value or settlement amount for wrongful death cases in Missouri. Instead, the specific circumstances of your case will dictate how much money you might be able to recover.

Important considerations include:

  • Whether your family member survived their fatal injuries for any period of time after their accident
  • Out-of-pocket costs related to their accident and resulting trauma
  • Their age and earning capacity prior to death
  • The services and support they provided in the household
  • Whether they were primarily responsible for taking care of the family
  • Whether they were killed because of an act of medical negligence

It will be important to work with a personal injury attorney in Kansas City who has extensive experience handling wrongful death cases like yours.

At Brown & Crouppen, we’ve won millions on behalf of devastated families, including million-dollar and six-figure settlements.

We will enlist the help of experts and specialists who can help us account for all financial losses and fully appreciate how your non-economic damages should be calculated. This will allow us to secure a more meaningful financial award for you and your family during this incredibly difficult time.

How long do I have to file a wrongful death lawsuit after a fatal accident in Kansas City, Missouri?

In Missouri, there is a three-year time limit that applies to most wrongful death cases. This will give you until the third anniversary of your loved one’s death to file a wrongful death lawsuit.

Notice that time begins to run on the date of death, which might not necessarily be the same as the date of the accident that ultimately took their life.

You lose the right to pursue compensation once the statute of limitations expires, so it is important to reach out to our experienced personal injury attorneys in Kansas City as soon as possible after your devastating loss.

Discuss Your Case with Our Compassionate Kansas City Wrongful Death Lawyers

If you’ve lost a spouse, parent, or child in a fatal accident in Kansas City, call Brown & Crouppen. Our Kansas City wrongful death attorneys can offer the guidance and legal support you need during this trying time.

You can benefit from our decades of award-winning experience while you take the much-needed opportunity to focus on grieving your unimaginable loss.

Contact our Kansas City, Missouri, law office to speak with a member of our legal team and schedule your free case evaluation today.

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