Kansas City Wrongful Death Attorney

A wrongful death is an unimaginable tragedy that can leave families emotionally and financially devastated. When these heartbreaking situations arise, you need a compassionate and experienced wrongful death lawyer to fight for the justice and compensation your family deserves.

At Bretz Injury Law, our dedicated wrongful death attorneys have a proven track record of success in holding negligent parties accountable. Here we’ll provide you with an overview of wrongful death claims, including common causes, who can file a lawsuit, types of damages recoverable, and the legal process involved. You will also learn how choosing the right wrongful death lawyer can make a significant difference in the outcome of your case.

Navigating Wrongful Death Claims with Experienced Legal Representation

A wrongful death lawyer in Kansas City is not just a legal representative but also a crucial advocate who navigates the complexities of wrongful death claims on behalf of grieving families. These lawyers bring a deep understanding of Missouri law to the table, ensuring that every aspect of the case is handled with the utmost care and professionalism. Their primary roles include:

• Case Assessment. Initially, they evaluate the details surrounding the wrongful death to determine the viability of the claim and identify the appropriate legal strategies.
• Evidence Gathering. They meticulously collect and analyze evidence, including medical reports, accident scene photos, and witness statements, to build a compelling case.
• Legal Filings. They manage all necessary legal filings, ensuring that documents are accurate and submitted within statutory deadlines.
• Negotiations. With expertise in negotiation, wrongful death attorneys work to secure fair settlements from insurance companies or responsible parties, advocating for maximum compensation.
• Trial Advocacy. If settlement negotiations fail, these lawyers are prepared to present a strong case in court, leveraging their litigation skills to argue effectively before a judge or jury.
• Streamlined Legal Process. The legal process in a wrongful death claim involves several key phases, each managed by your attorney:
• Consultation and Case Evaluation. This initial meeting allows the lawyer to understand the circumstances of the case and advise the family on the best course of action.
• Investigation and Discovery. During this phase, the lawyer conducts a thorough investigation to gather all necessary evidence and interviews key witnesses.
• Filing the Lawsuit. The wrongful death claim is formally filed, detailing the allegations against the defendant and the damages sought.
• Negotiations and Settlement. Most wrongful death claims are settled out of court. Your lawyer will handle all negotiations, aiming to achieve a settlement that reflects the full extent of your loss.
• Trial. If negotiations do not result in a fair settlement, the case may go to trial, where your lawyer will represent you, presenting the case to a jury and arguing for justice and appropriate compensation.

By entrusting your wrongful death claim to a dedicated attorney, you ensure that every legal aspect is professionally handled, allowing you to focus on your family and healing during this difficult time. A wrongful death lawyer not only guides you through these legal steps but also provides the emotional support and understanding needed during such a challenging period.

Who Can File a Wrongful Death Claim?

Only certain family members are eligible to file a wrongful death claim on behalf of their deceased loved one. The law prioritizes the right to bring a claim based on the familial relationship to the decedent.

The following individuals are entitled to file a wrongful death lawsuit in order of priority:

• Surviving spouse
• Children, including adopted and adult children
• Grandchildren, if the decedent’s children are also deceased
• Parents of the decedent
• Siblings of the decedent

If there are no surviving family members in these categories, the court may appoint a “plaintiff ad litem” to file the claim on behalf of the deceased person’s est

It’s important to note that if a family member with higher priority chooses not to file a claim, the right to do so passes to the next category of eligible relatives. For example, if the surviving spouse declines to pursue a wrongful death lawsuit, the decedent’s children may then file the claim.

Statute of Limitations

In addition to understanding who can file a wrongful death claim, it’s crucial to be aware of the time limits for doing so. The statute of limitations for wrongful death lawsuits is two years from the date of the decedent’s death. 

This means that eligible family members must file their claim within two years, or they risk losing the right to seek compensation altogether. There are some limited exceptions to this rule, such as when the cause of death is not immediately apparent, but it’s always best to consult with a knowledgeable Kansas City wrongful death lawyer as soon as possible to protect your legal rights.

Types of Recoverable Damages

When pursuing a wrongful death claim, surviving family members may be entitled to various types of damages. These damages are designed to compensate the family for the losses they have suffered due to the untimely death of their loved one. The types of damages recoverable in a wrongful death case include economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

Economic damages refer to the quantifiable financial losses that the family has incurred as a result of the wrongful death. These may include:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Loss of the deceased’s expected income and benefits
• Loss of inheritance
• Value of goods and services the deceased would have provided

Non-Economic Damages

Non-economic damages are more subjective and harder to quantify. They are intended to compensate the family for the intangible losses they have suffered, such as:

• Mental anguish and emotional distress
• Loss of companionship, care, and protection
• Loss of parental guidance for minor children
• Loss of consortium for the surviving spouse

Punitive Damages

In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are intended to punish the defendant for particularly egregious or reckless conduct and to deter similar behavior in the future.

The Legal Process of Filing a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves several key steps to ensure your case is properly handled and your rights are protected. Understanding the legal process can help you navigate this challenging time with greater clarity and confidence.

The Investigation Phase

Before filing a wrongful death claim, your wrongful death lawyer will conduct a thorough investigation to gather evidence and build a strong case. This may involve:

• Reviewing police reports and accident scene documentation
• Interviewing witnesses and obtaining their statements
• Consulting with experts, such as accident reconstruction specialists or medical professionals
• Analyzing medical records and evaluating the extent of damages suffered

Filing the Claim

Once the investigation is complete, your attorney will file a formal complaint with the appropriate court. The complaint will outline the facts of the case, the legal basis for the claim, and the damages sought. The defendant will then be served with the complaint and given an opportunity to respond.

It’s crucial to file your wrongful death lawsuit within the statute of limitations, which is two years from the date of death. Failing to meet this deadline could result in your case being dismissed. 

Discovery and Negotiation

After the complaint is filed, the discovery process begins. During this phase, both sides exchange information and evidence relevant to the case. This may include:

• Interrogatories (written questions)
• Requests for production of documents
• Depositions (oral testimony under oath)

Your wrongful death lawyer will use the information gathered during discovery to assess the strengths and weaknesses of your case and develop a strategy for negotiation. 

In many cases, the parties will attempt to reach a settlement through negotiation before proceeding to trial. Your attorney will advocate for your interests and work to secure a fair settlement that compensates you for your losses.

The Trial 

If a settlement cannot be reached, your case will proceed to trial. During the trial, your wrongful death lawyer will present evidence, call witnesses, and argue your case before a judge or jury.

The trial process typically involves:

• Opening statements
• Presentation of evidence and witness testimony
• Cross-examination of witnesses
• Closing arguments
• Jury deliberation and verdict (if a jury trial)

Throughout the trial, your attorney will fight for justice on behalf of your loved one and seek the compensation your family deserves.

Navigating the legal process of filing a wrongful death lawsuit can be complex and emotionally challenging. Working with an experienced wrongful death lawyer who understands the intricacies of these cases and is dedicated to protecting your rights can make all the difference in achieving a successful outcome.

At Bretz Injury Law, our compassionate attorneys have a proven track record of success, having won more than 98% of cases pursued in the last 30 years and recovering over $300 million for our clients. We are not afraid to go to trial if necessary to ensure you receive the compensation you need to protect your family’s future. Contact us today for a free consultation and let us fight for the justice your loved one deserves.

Choosing the Right Wrongful Death Lawyer 

When faced with the tragic loss of a loved one due to someone else’s negligence, choosing the right wrongful death lawyer is crucial. An experienced and compassionate attorney can make all the difference in navigating the complex legal process and securing the compensation your family deserves.

Experience and Empathy

Look for a wrongful death lawyer with a proven track record of success in handling cases similar to yours. Ask about their experience, the types of cases they have handled, and their success rate. A seasoned attorney will have the knowledge and skills necessary to build a strong case on your behalf.

At Bretz Injury Law, we have won more than 98% of cases pursued in the last 30 years, recovering over $300 million for our clients. Our team is not afraid to go to trial if necessary to ensure you receive the compensation you need to protect your family’s future.

Resources and Support

Wrongful death cases often require extensive investigation, expert testimony, and resources to build a compelling case. Choose a law firm with the resources and support staff needed to thoroughly investigate your case, gather evidence, and consult with experts. 

Our intentionally small firm size allows us to provide personalized service to each client while still having the resources necessary to take on complex cases. We pride ourselves on our honesty, integrity, and transparency throughout the legal process.

Empathy and Communication

Losing a loved one is an emotionally devastating experience. Your wrongful death lawyer should be empathetic to your situation and provide the support and guidance you need during this difficult time. Look for an attorney who communicates clearly, keeps you informed about the progress of your case, and is responsive to your questions and concerns.

At Bretz Injury Law, we understand the emotional and financial challenges families face after a wrongful death. We are here to be your advocate and guide, fighting for the justice and compensation you deserve.

When choosing a wrongful death lawyer, consider the following:

• Schedule a consultation to discuss your case and get a feel for the attorney’s communication style and approach.
• Ask about their fee structure and ensure you understand any costs associated with pursuing your case.
• Inquire about their experience handling wrongful death cases specifically, as well as their success rate and any notable case results.

Remember, you don’t have to face this difficult time alone. Choosing the right wrongful death lawyer can provide the support, guidance, and legal experience you need to navigate the complex legal process and secure the best possible outcome for your family.

Standing With You After a Tragic Loss

The devastating loss of a loved one due to someone else’s negligence is an unimaginable tragedy that no family should have to endure. When faced with such a heartbreaking situation, it is crucial to have an experienced and compassionate wrongful death lawyer by your side who can fight for the justice and compensation your family deserves. At Bretz Injury Law, our dedicated attorneys have a proven track record of success in holding negligent parties accountable, with over $300 million recovered for our clients and more than 98% of cases won in the last 30 years. 

We understand the emotional and financial challenges families face after a wrongful death, and we are here to be your advocate and guide throughout the legal process. Learn how we can help you and your family during a no-cost, no-obligation consultation. Our intentionally small firm size allows us to provide personalized service to each client while still having the resources necessary to take on complex cases and fight for the justice your loved one deserves.