It is difficult to deal with the loss of a loved one. Especially when the loss is due to someone else’s mistake. When this happens, the law allows the families to pursue a wrongful death claim. This allows families to recover money from the loss and also hold the person or company responsible for their actions. If you’re in Kansas City, here’s what you need to know. This guide explains the claim process in simple steps.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit. It’s filed when a person dies because of someone else’s fault. The cause can be a car crash, medical mistake, unsafe product, or unsafe worksite.
In Kansas, the law allows certain family members to file this claim. The goal is to get financial help and justice.
It’s not just about money. Filing a claim can prevent future harm. It sends a clear message: careless actions have consequences.
Who Can File in Kansas?
Kansas law gives this right to the following:
- Spouse of the person who died
- Children (biological or adopted)
- Parents (if no spouse or children)
- Siblings, if no closer relatives
If no family steps up, the court may appoint someone.
Every case is different. A lawyer can help check if you’re eligible. Don’t guess—ask.
What Can Be Claimed?
You may ask for money to cover:
- Funeral and burial costs
- Medical bills from the injury
- Lost wages and future income
- Pain and suffering of the person before death
- Loss of care, guidance, and love for the family
Some of these are easy to count. Others, like loss of love or guidance, are not. That’s why it helps to speak to a lawyer.
You can also ask for loss of services. Did your loved one cook, clean, or take care of children? That has value too.
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Time Limit to File in Kansas
In Kansas, you must file the claim within two years from the date of death. This is called the statute of limitations.
If you wait too long, you lose your right to file. So act fast. A lawyer can make sure your paperwork is on time.
There are rare cases where the clock may pause. These are called tolling rules. But don’t count on them—always file early.
Steps to File a Wrongful Death Claim
1. Contact a Lawyer
This is not something to handle alone. A skilled Kansas City personal injury lawyer knows the local laws. They’ll explain your rights and next steps.
Ask if they’ve handled cases like yours before. Experience matters.
2. Collect Evidence
Your lawyer will help gather:
- Police reports
- Medical records
- Witness statements
- Photos or videos
- Bills and receipts
These help prove what happened and how much money you need.
Even small things matter. Emails, texts, or voicemails may help your case.
3. File the Lawsuit
The lawyer will file the legal claim in court. It names the person or company that caused the death. This person is called the defendant.
The court will notify the defendant. This step starts the legal process.
4. Wait for the Defendant’s Response
The other side will respond. They may accept fault or deny it. Most cases don’t go to trial. They settle out of court.
Sometimes, both sides agree to meet and talk. This is called mediation. It may help settle faster.
5. Try to Settle
Many wrongful death claims are settled. This means both sides agree on a money amount. It saves time and stress.
But don’t settle for less than you deserve. A good lawyer will help you decide what’s fair.
6. Go to Trial (If Needed)
If no deal is reached, the case goes to court. A judge or jury will decide. Your lawyer will guide you through this.
Trials take time. But they may bring closure. You get your chance to be heard.
How Long Does It Take?
Some cases wrap up in months. Others take years. It depends on:
- How clear the facts are
- How willing the other side is to settle
- Court delays
Big companies may drag things out. Your lawyer will push to keep things moving.
How Much Will I Be Charged?
Most wrongful death attorneys are paid on a contingency basis…you will not pay them anything unless they recover money for you in your case. Their fee is a percentage of either the settlement or the verdict of the court. Always ask about fees before hiring a lawyer. Also ask about extra costs. Some lawyers charge for things like court filing or expert witnesses.
Why a Kansas City Lawyer Helps
Kansas laws are different from other states. A local lawyer knows the courts, judges, and rules. They’ll:
- File papers correctly
- Meet deadlines
- Speak for you in court
- Push for fair money
This lets you focus on grieving, not paperwork.
Local lawyers also know what other families have received. This helps them fight for fair money.
Tips for Families
- Keep all bills and documents
- Write down what happened while it’s fresh
- Don’t speak to the other party’s insurance without a lawyer
- Ask questions—no question is too small
Talk to others who’ve gone through this. You’re not alone.
What Makes a Strong Case?
A strong case has:
- Clear proof of who caused the death
- Medical records that link the injury to the death
- Proof of financial loss
- Honest, calm witnesses
The more facts you have, the better. Keep everything, even if it seems small.
Wrongful Death vs. Criminal Case
A wrongful death claim is civil, not criminal. It’s about money, not jail time. Even if someone is found not guilty in criminal court, you can still win a civil case.
Think of the O.J. Simpson case. He was not found guilty in criminal court but lost the civil case.
FAQs
1. Can I file a claim if the person had no job?
Yes. Even if they didn’t work, you can claim for the loss of care, love, and help they gave.
2. What if the death was partly the victim’s fault?
Kansas uses a comparative fault. If the person was less than 50% at fault, you can still get money. The amount will be reduced.
3. Can more than one person file a claim?
Yes. All eligible family members can join the claim. The court may split any money awarded.
4. How do I find a good wrongful death lawyer in Kansas City?
Look for someone with experience in Kansas wrongful death cases. Check reviews. Ask for a free meeting.
5. What if the person died months after the accident?
You can still file a claim. The time limit starts from the date of death, not the date of injury.
Final Words
A wrongful death action won’t bring your loved one back. But, it could lessen the strain. You don’t have to do this alone. A talented Kansas City Wrongful Death attorney can help you every step of the way. They will get you what’s fair. They will do the legal stuff. They will help you in your next step forward.
