As your Kansas City wrongful death lawyer, we understand how devastating it is to lose a loved one, especially when it could have been prevented.
You may not be thinking about compensation right now—all you want is your loved one back. But filing a wrongful death claim is about more than money; it’s about getting answers for a loved one’s needless death and holding the responsible parties accountable for their actions so it doesn’t happen to someone else.
If you’ve lost someone due to another’s negligence, reach out to the Kansas City wrongful death lawyer at Empower Injury Law for a free consultation. We’re here to help you through this difficult time.
HOW CAN OUR KANSAS CITY WRONGFUL DEATH LAWYER HELP YOU?
During this challenging time, we’re here to stand by your side and offer the support you deserve. At Empower Injury Law, we’re here to provide the legal expertise you need, handling all the details so you can focus on healing.
Here’s how we can help you:
- Comprehensive Case Evaluation: We review the case details, including medical records, death certificates, and other evidence, to build a strong claim.
- Thorough Investigation: We gather photos, video footage, and witness statements to support your claim, and work with accident reconstructionists to recreate the circumstances that led to the death.
- Expert Consultations: We collaborate with experts, such as forensic specialists and medical professionals, to establish the cause of death and its impact on your family.
- Insurance Policy Analysis: We carefully review insurance policies to uncover all sources of compensation, ensuring nothing is missed.
- Negotiating with Insurance Companies: You don’t have to stress about negotiating with insurers. We’ll handle it for you, working to secure a fair settlement that reflects your loss.
- Trial Representation: Our experienced wrongful death attorney will take your case to court if we cannot reach a fair settlement.
KANSAS CITY WRONGFUL DEATH SETTLEMENTS
$2,300,000 Wrongful Death Settlement
Our client was an elderly man of modest means who was killed in a car accident by a reckless driver. The other driver claimed that our client was at-fault for causing the accident. After hard-fought litigation, we obtained a financial settlement that provided financial security for his widow and college funds for his grandchildren.
$2,000,000 Wrongful Death Settlement
A teenager struck our client while our client was riding his bicycle around his neighborhood. Our client ultimately died from his injuries. The teenager had minimum insurance limits, but using creative legal strategies, we were able to unlock millions of additional coverage for our client’s family. Our client’s widow was able to retire early so she could spend more time with her family, while our client’s children were able to get a headstart on retirement and become first-time homeowners. No amount of money will ever replace a loved one, but we were able to pull a few blessings from this very tragic situation.
HEAR FROM FAMILIES WE’VE HELPED
“Kevin is a kind, supportive, knowledgeable and thorough attorney. He represented myself and my adult children when my husband was tragically killed by a wreckless driver. The case took 18 months, dealing with multiple insurance companies and he was with us every step of the way. His caring nature and tenacity with the insurance companies helped us get through the trauma and loss and resolved the case to our satisfaction. I would highly recommend Kevin. He delivers results but never let’s the focus on the victim get lost. My husband would be pleased with how Kevin took care of us.”
– Carol
“Kevin is a brilliant, strategic, and involved attorney to work with. He is even more of an incredible human being. Our family is deeply grateful to have had Kevin in our corner. He really put us all at ease through the legal process, and I highly recommended him. Thank you for your kind-hearted support and guidance through such a dark chapter of our lives.
– Neal
WHAT IS WRONGFUL DEATH IN MISSOURI?
In Kansas City, Missouri, wrongful death happens when someone’s life is cut short because of another person’s negligence or intentional actions.
Simply put, it means the death could have been avoided if the right care had been taken or harmful actions hadn’t occurred.
It’s important to note that wrongful death isn’t limited to cases where someone dies instantly. If a person passes away later from injuries caused by an accident, it can still be considered wrongful death.
If you’re unsure whether your situation qualifies as wrongful death, we’re here to help. Contact a Kansas City wrongful death lawyer at Empower Injury Law for a free consultation.
COMMON CAUSES OF WRONGFUL DEATH IN KANSAS CITY
Wrongful death can occur in many ways:
WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN MISSOURI?
In Missouri, specific family members are eligible to file a wrongful death lawsuit to seek justice and compensation for their loss. The state has a clear order of who can bring these claims:
- Immediate Family Members: The deceased’s spouse, parents, children, and grandchildren of any children that passed before the deceased. Adopted children and adoptive parents also qualify to bring a claim.
- Siblings: If no spouse, children, grandchildren, or parents survive, siblings of the deceased can file a claim.
- Court Appointed Representative: If there are no surviving family members, the court can appoint a representative, known as a “plaintiff ad litem,” to file the wrongful death claim on behalf of the deceased’s estate.
Every family’s situation is different, so it’s helpful to speak with a Kansas City wrongful death lawyer to understand who can make a claim in your case.
HOW TO PROVE NEGLIGENCE IN A MISSOURI WRONGFUL DEATH CLAIM
To prove negligence in a wrongful death claim in Missouri, you must demonstrate four key elements:
- Duty of Care: First, we must show that the responsible party had a duty to act safely. For instance, in a car accident case, Kansas City drivers must follow traffic laws and drive carefully to prevent harm.
- Breach of Duty: Next, we prove that the responsible party failed to meet this duty by acting negligently or recklessly. For instance, if a driver was speeding while driving, they breached their duty to drive safely.
- Causation: We then need to prove that this negligent behavior directly caused your loved one’s death. For example, if a speeding driver caused a crash that led to a fatal injury, their reckless actions would be the cause of the death.
- Damages: Finally, we must prove the financial and emotional losses resulting from the death. This can include medical bills, funeral costs, and loss of income.
Proving these elements can be complex and requires legal expertise. If you believe negligence contributed to your loved one’s death, our Kansas City wrongful death lawyer is here to help.
TYPES OF DAMAGES IN A KANSAS CITY WRONGFUL DEATH CASE
When a loved one dies because of someone else’s negligence, the surviving spouse or family may be entitled to damages. While nothing can replace the loss, these damages can help ease the financial burden during this difficult time.
ECONOMIC DAMAGES
Economic damages cover the financial losses resulting from the wrongful death. These can include:
- Medical Expenses: Costs incurred for medical treatment prior to the loved one’s death.
- Funeral and Burial Costs: Expenses related to the funeral, burial, or cremation services.
- Lost Income: Compensation for the income your loved one would have earned if they were still alive.
- Loss of Benefits: This includes pension plans, health insurance, and other benefits the deceased would have provided their family.
NON-ECONOMIC DAMAGES
Non-economic damages cover intangible losses that are often the most significant damages in wrongful death cases, but are also the most difficult to calculate. In Missouri wrongful death cases, surviving family members cannot recover compensation for their grief and bereavement, but they can be awarded non-economic damages for the following:
- Pain and Suffering: Compensation for the physical pain and emotional suffering experienced by the deceased before their death.
- Loss of Services: Compensation for the loss of contributions the deceased would have provided, such as household chores, childcare, or other practical support.
- Loss of Consortium: The loss of the deceased’s relationship, including affection, intimacy, and emotional connection, typically claimed by a spouse.
- Loss of Companionship: The loss of the deceased’s companionship, friendship, and social interaction.
- Loss of Comfort: The emotional and physical comfort provided by the deceased, such as a sense of security and well-being.
- Loss of Instruction: The guidance and education the deceased may have provided to children or family members, such as moral teachings or life lessons.
- Loss of Guidance: The loss of direction and advice that the deceased would have offered to their family members in various aspects of life.
- Loss of Counsel: The advice and emotional support that the deceased may have given to family members during difficult times.
- Loss of Training: The loss of practical or technical training the deceased might have provided, such as learning skills or trades.
- Loss of Support: Financial or material contributions the deceased provided to the family, including income, food, shelter, and other necessities.
AGGRAVATING CIRCUMSTANCES DAMAGES
In Kansas City wrongful death cases, aggravating circumstances damages may be awarded when the actions of the responsible party go beyond ordinary negligence, involving reckless or intentional misconduct. These damages are meant to penalize extreme behavior, like a drunk driver causing a fatal crash or someone knowingly endangering others’ safety.
At Empower Injury Law, we are dedicated to helping you explore all possible compensation options to ensure your family’s security.
WHAT IS THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS IN KANSAS CITY?
In Missouri, you have three years from the date of your loved one’s death to file a wrongful death claim.
However, if the death was a result of medical malpractice, Missouri law only provides two years from the time of death to file a claim.
If you miss the deadline, the court will likely dismiss your case, meaning you won’t be able to recover any damages.
Don’t wait—filing deadlines for wrongful death claims are strict, and wrongful death claims can take a substantial amount of time to investigate and prepare for litigation. Contact a wrongful death lawyer today to ensure you meet the deadlines and protect your family’s rights.
IS THERE A COMPENSATION LIMIT FOR MISSOURI WRONGFUL DEATH CASES?
No General Cap on Damages
In Missouri, there is no general cap on the total amount of compensation you can receive in a wrongful death case. In most cases, you can seek full compensation for both economic and non-economic damages without worrying about a statutory limit
Medical Malpractice Cap
One exception to the no-cap rule applies to medical malpractice cases. Missouri law caps non-economic damages in wrongful death cases resulting from medical negligence.
Initially, the cap was set at $400,000 for “non-catastrophic” injuries and $700,000 for “catastrophic” injuries.
Catastrophic injuries, as defined by the statute, include:
- Quadriplegia
- Paraplegia
- Loss of two or more limbs
- Significant and permanent cognitive impairment
- Irreversible failure of a major organ
- Significant loss of vision
The law mandates an annual 1.7% increase in these caps. The 2024 cap for non-catastrophic injuries is $465,531, and the cap for catastrophic injuries is $814,679.
Consult with an experienced wrongful death attorney to learn the current cap amount and how it could impact your case.
WHAT IF THE DECEASED IS PARTIALLY AT FAULT?
In wrongful death cases, the deceased may have been partially at fault for the accident.
Missouri uses ” pure comparative fault,” meaning you can still file a claim even if your loved one was partly responsible. However, their percentage of fault reduces the compensation you receive.
For example, if the total damages are $100,000 and the deceased is found to be 30% at fault, the compensation will be reduced by 30%, resulting in a $70,000 award.
HOW MUCH DOES A WRONGFUL DEATH LAWYER COST?
No Upfront Fees
At Empower Injury Law, we know losing a loved one is hard, and legal fees shouldn’t add to your stress. That’s why we offer legal help with no upfront costs, letting you focus on healing and your family.
Pay Only If We Win
We work on a contingency fee basis, meaning we only get paid if we win your case. Our payment is a percentage of the settlement or verdict. If we don’t secure a favorable outcome, you owe us nothing.
Clear, Transparent Terms
We believe in transparency. From our first meeting, we’ll clearly explain our fee structure, so there are no hidden fees or surprises—just straightforward communication you can trust.
CONTACT A KANSAS CITY WRONGFUL DEATH LAWYER TODAY
Losing a loved one is devastating, both emotionally and financially. If someone else’s negligence caused their death, you have the right to file a wrongful death claim.
This can help you recover losses, hold the responsible party accountable, and bring some closure.
From your free consultation to the resolution of your wrongful death claim, we handle all interactions with insurance companies. This allows you to focus on your family and begin the healing process.
Call (816) 892-9909 or contact us online to schedule your free consultation.
