Losing a loved one is devastating. When another party caused your loved one’s death because of negligence or intentional torts, the loss can feel more overwhelming. The law cannot undo the tragedy your family has experienced, but it can hold the person responsible for your loved one’s death financially liable for damages. At Dickerson Oxton, LLC, we work with families to seek justice for the untimely death of a loved one. Our Kansas City wrongful death lawyers have a success rate of 98 percent. We have recovered millions of dollars in jury verdicts and settlements for our clients. We have multiple attorneys working on your case. Our legal team is focused on obtaining the best possible outcome for your case. Call our Kansas City office today at (816) 268-1960, to schedule a free consultation.
How Dickerson Oxton, LLC Can Help You With a Wrongful Death Action in Kansas City
A wrongful death lawsuit seeks compensation for the damages caused by your family member’s death. Money is never enough to compensate a family for losing a loved one. However, monetary damages are the only civil remedy the court can offer. Our Kansas City wrongful death lawyers have decades of combined experience in personal injury law. They have been recognized by numerous organizations for their legal expertise, including The National Trial Lawyers, Super Lawyers, and The Kansas City Business Journal. Our personal injury law firm has significant resources to pursue a claim to recover maximum compensation for your family. When you hire our top-rated wrongful death lawyers in Kansas City, you can trust we will handle all aspects of your case, including:
- Explain Missouri wrongful death laws and how they apply to your case
- Investigate the circumstances surrounding your loved one’s death to gather evidence proving your case
- Working with leading experts when needed to obtain additional evidence to support your claim
- Document your damages and calculate the maximum value of your claim
- Handle all communication with insurance companies and other parties
- Prepare all documents and handle the administrative requirements for pursuing a wrongful death claim
- Negotiate for a fair settlement when possible or take your case to court and argue the facts before a jury when necessary
At Dickerson Oxton, LLC, we take up the legal battle for you so that you can focus on your family. We’ll fight to hold the parties responsible for your loved one’s death accountable for their actions. Call our law firm today to schedule a free case evaluation with an experienced Kansas City personal injury attorney.
What Is a Wrongful Death Claim in Kansas City, MO?
Missouri Revised Statute §537.080 covers wrongful death actions in the state. This type of claim arises when someone is killed because of another party’s conduct that would have resulted in a personal injury claim had the person lived. Wrongful death actions arise when a party negligently, recklessly, or intentionally causes another person’s death.
Examples of situations that can result in a wrongful death claim include, but are not limited to:
- Car accidents
- Pedestrian accidents
- Medical malpractice
- Product liability claims for defective products
- Workplace accidents
- Truck accidents
- Nursing home abuse and elder abuse
- Bicycle accidents
- Construction accidents
- Motorcycle accidents
- Dog bites and animal attacks
- Boat accidents
- Slip and fall accidents and other premises liability claims
If another party was responsible for causing your family member’s death, you could have a wrongful death claim. Call us to discuss your case with a Kansas City wrongful death lawyer.
Who Can File a Wrongful Death Claim in Kansas City, MO?
State law dictates who can file a wrongful death lawsuit. According to the law, the people who can file a claim include:
- The surviving spouse and children
- If there are no children or spouses, the parents
- When there are no children, spouses, or parents, siblings are next in line
- The personal representative of the estate can file a lawsuit if there are no surviving family members listed above
The court may appoint a plaintiff ad litem if there is no personal representative to file a claim. However, someone who would be entitled to an interest in the proceeds of the lawsuit must request the appointment.
What Damages Can I Receive for a Wrongful Death Claim in Kansas City, MO?
A monetary award of damages is the civil remedy for a wrongful death action. The damages available for a wrongful death claim include:
- Reasonable funeral and burial expenses
- Medical expenses the deceased incurred between injury and death
- The pain and suffering the deceased experienced before death
- The value of wages and benefits the deceased would have earned and contributed to the family had they lived
- The value of child care and elder care the deceased provided for the family
- The reasonable value of services, guidance, consortium, instruction, training, comfort, and support provided to family members by the deceased
In some cases, you can potentially recover punitive damages if the case involves aggravating circumstances. You would need to prove that the party knew their behavior was dangerous and had a high risk of causing injury or death to another person. There is also a law in Missouri that allows a family to recover 110% of the state’s average weekly wage if a family member spent at least 50% of their time caring for another family member and was not employed full-time. However, the other party can rebut the presumption of the value of these services. Missouri does not cap economic or non-economic damages in a wrongful death case unless the death was due to medical malpractice. In those cases, non-economic damages are capped at $350,000, which can be adjusted for inflation.
Proving Liability for a Wrongful Death Case in Kansas City, MO?
The family has the burden of proving that the other party is liable for damages in a wrongful death case. You must have evidence proving that:
- The party had a duty of care
- The party’s conduct breached the duty of care
- The party’s negligent or intentional acts were the direct and proximate cause of your loved one’s death
- Your loved one could have sought damages had they survived
- Your family sustained losses and damages because of the death
Our legal team at Dickerson Oxton, LLC handles the investigation of your claim. We gather evidence proving that the other party is responsible for your loved one’s death. Evidence that may be used in a wrongful death case includes:
- Medical records
- Police and accident reports
- Witness statements
- Videos and photos of the accident scene
- Expert witness testimony and opinions
- Physical evidence from the accident scene
Other evidence that is specific to the case may be used. For example, if your loved one died because of dangerous property conditions, we may pull records for complaints against the property owner and require maintenance and repair records.
What Is the Difference Between a Criminal Case and a Wrongful Death Case?
In some situations, the party who caused your loved one’s death may be charged with a crime. For example, if your loved one died because of a shooting, the person may be charged with murder and other criminal offenses. The criminal case is separate from a wrongful death case. A wrongful death case is a civil matter. The person may or may not be convicted of the crime. However, that does not impact your ability to file a civil claim. A conviction in criminal court could help your case, but it is unnecessary.
What Is the Deadline for Filing Wrongful Death Claims in Missouri?
The Missouri statute of limitations for wrongful death claims is three years from the date of death. If you do not file a lawsuit before the end of three years, you lose your right to pursue a claim. We encourage you to contact our office as soon as possible to discuss your legal options. Our compassionate legal team understands you are going through an unimaginable situation. They work with you to handle the legalities of a claim so you have time to grieve.
How Much Does It Cost To Hire a Kansas City Wrongful Death Lawyer?
It is common for families to worry about the cost of hiring an attorney to help them with a wrongful death case. Losing a loved one can create a financial strain for the family. We don’t want you to worry about attorney’s fees. Our lawyers at Dickerson Oxton, LLC work for a contingency fee. We agree to accept a percentage of the amount we recover for your wrongful death case as payment for our attorney’s fees. Therefore, you do not pay any legal fees upfront to hire our law firm.
Schedule a Free Consultation With Our Kansas City Wrongful Death Lawyers
We are here when you need answers or legal advice after the death of a family member. Call Dickerson Oxton, LLC to request a free case review with an experienced Kansas City wrongful death attorney. We’re here to do everything in our power to help you and your family through this difficult time. Call us today at (816) 268-1960 to get started.
Our Personal Injury law firm in Kansas City, MO also provides:
- Kansas City Construction Accident Lawyers
- Boat Accident Attorneys in Kansas City, MO
- Brain Injury Accident Attorneys in Kansas City, MO
- Kansas City Burn Injury Lawyers
- Car Accident Lawyers in Kansas City, MO
- Catastrophic Injury Lawyer in Kansas City, MO
- Kansas City Dog Bite Accident Lawyers
- Medical Malpractice Lawyers in Kansas City, MO
- Motorcycle Accidents Attorneys in Kansas City, MO
- Nursing Home Abuse Lawyers in Kansas City
- Pedestrian Accident Attorney in Kansas City
- Personal Injury Attorneys in Kansas City
- Premises Liability Attorney in Kansas City, MO
- Product Liability Attorneys in Kansas City, MO
- Slip and Fall Accident Lawyer in Kansas City, MO
- Truck Accident Lawyers in Kansas City, MO
- Workplace Accidents Attorneys in Kansas City
- Wrongful Death Lawyers in Kansas City, MO
Visit Our Personal Injury Law Office in Kansas City, MO
Dickerson Oxton, LLC
What our Kansas City Clients have to say
“I recently completed a case with Chelsea. My experience was great. I never once felt uninformed or like I couldn’t ask questions. I always felt things were in great hands. They make it so easy to move forward through hard experiences. I would recommend the firm to any of my friends or family.“ – Allyssa Kays ⭐⭐ ⭐ ⭐ ⭐
Highly-Rated Emergency Rooms in Kansas City
- Children’s Mercy Emergency Room at Adele Hall Campus – 2401 Gillham Rd, Kansas City, MO 64108
- North Kansas City Hospital Emergency Room – 2800 Clay Edwards Dr, North Kansas City, MO 64116
- Saint Luke’s Hospital of Kansas City Emergency Room – 4401 Wornall Rd, Kansas City, MO 64111
- ER of Brookside – 6601 Rockhill Rd, Kansas City, MO 64131
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