When a loved one dies due to someone else's negligence, families face overwhelming grief while dealing with complex legal questions and financial pressures. Our Kansas City wrongful death lawyer represents area families in wrongful death cases, helping survivors pursue compensation for their devastating losses while holding responsible parties accountable.
Our team handles claims throughout Missouri and Kansas, including Jackson County, Johnson County, Clay County, and Wyandotte County. We understand the differences between Missouri and Kansas laws and procedures, taking on the legal burden, and working compassionately with families during their most difficult times.
If you've lost a loved one due to negligence, contact Presley and Presley Trial Lawyers at (816) 931-4611 for a free consultation to discuss your family's legal rights and options.
Kansas City Wrongful Death Key Takeaways
- Wrongful death claims allow families to recover compensation when negligence causes a loved one's death, covering funeral expenses, lost financial support, and loss of companionship
- Missouri and Kansas have different statutes of limitations, eligible family members, and damage calculations for wrongful death cases
- Survival actions recover damages the deceased could have claimed if they lived, while wrongful death claims compensate family members for their losses
- Evidence preservation happens quickly after fatal incidents, making prompt legal consultation crucial for protecting family rights
- Contingency fee arrangements allow families to pursue justice without upfront legal costs, with attorneys paid only upon successful case resolution
What Is a Wrongful Death Case?
Wrongful death occurs when someone dies due to another party's negligence, recklessness, or intentional actions. These cases allow surviving family members to seek compensation for losses resulting from their loved one's preventable death.
Kansas City wrongful death cases commonly arise from various circumstances, including fatal car accidents, truck collisions, motorcycle crashes, pedestrian accidents, nursing home neglect, workplace accidents, defective products, and dangerous property conditions.
The legal foundation for wrongful death claims requires proving that negligence directly caused the death. This involves demonstrating that the responsible party owed a duty of care, breached that duty, and that the breach resulted in fatal injuries.
Who Can File a Wrongful Death Claim
Missouri and Kansas have different rules regarding who may file wrongful death claims.
In Missouri, the deceased person's spouse, children, parents, or siblings may file wrongful death claims in that order of priority. If no eligible family members exist, the personal representative of the estate may file on behalf of other dependents or next of kin.
Kansas law allows the personal representative of the deceased person's estate to file wrongful death claims on behalf of surviving family members. The personal representative typically distributes any recovery among eligible survivors according to Kansas intestate succession laws.
How Can Presley and Presley Trial Lawyers Help With Your Wrongful Death Case?
Presley and Presley Trial Lawyers focuses on catastrophic injury and wrongful death cases requiring substantial investigation and litigation resources. Our selective case acceptance allows concentrated attention on complex wrongful death claims throughout the Kansas City metro area.
We handle the most challenging wrongful death cases involving multiple liable parties, complex liability questions, and substantial damages. Our boutique practice model provides personalized attention during families' most traumatic experiences.
Our comprehensive wrongful death representation includes several critical services:
- Immediate investigation to preserve evidence, interview witnesses, and document accident scenes before evidence disappears
- Coordination with law enforcement, medical professionals, and accident reconstruction specialists, when necessary, to build compelling liability cases
- Thorough damage evaluation, including economic losses, non-economic damages, and future financial impacts on surviving family members
- Strategic negotiation with insurance carriers and defense counsel using detailed liability evidence and comprehensive damage documentation
- Trial preparation and courtroom advocacy when settlement negotiations fail to produce fair compensation for grieving families
The firm's experience with Missouri and Kansas wrongful death law proves valuable for Kansas City metro cases that may involve different state jurisdictions. We provide compassionate guidance while aggressively pursuing accountability from responsible parties.
We offer free consultations to help families understand their legal rights without financial commitment, and our contingency fee arrangements mean families pay legal fees only upon successful case resolution.
Schedule your consultation now at (816) 931-4611.
Wrongful Death Compensation in Kansas City
Wrongful death compensation aims to address the financial and emotional losses families experience after losing a loved one. Missouri and Kansas calculate damages differently, affecting potential recovery amounts for similar cases.
Wrongful death cases may recover several types of damages for surviving family members:
- Economic damages, including funeral and burial expenses, medical bills from final illness or injury, and lost wages and benefits the deceased would have earned
- Loss of financial support covering the deceased person's contributions to household expenses, mortgage payments, and family living costs
- Non-economic damages addressing intangible losses such as loss of companionship, guidance, and emotional support from the deceased family member
- Pain and suffering damages in survival actions when the deceased person experienced conscious pain before death
- Punitive damages in cases involving particularly egregious negligence or intentional misconduct
How Much Is a Wrongful Death Case Worth?
Factors influencing wrongful death compensation include the deceased person's age, health, and life expectancy at death, income level and earning capacity with career advancement potential, family structure including spouse and dependent relationships, the degree of negligence and circumstances surrounding the death, and available insurance coverage limits and responsible party assets.
Missouri law does not cap damages in most wrongful death cases, while Kansas may impose limitations in certain circumstances. These legal differences impact potential compensation for families depending on where cases are filed.
Calculating future financial losses may require input from economists, vocational rehabilitation professionals, and life care planners. These professionals can help quantify the long-term financial impact of losing a family member's income and support.
Common Types of Kansas City Wrongful Death Cases
The Kansas City metro area sees wrongful death cases arising from various types of accidents and negligent conduct. Different types of fatal accidents require different strategies and investigative techniques. The wrongful death attorneys at Presley and Presley Trial Lawyers understand these challenges and how to manage these different situations.
Fatal Vehicle Accidents
Car accidents, truck crashes, and motorcycle collisions represent the largest category of wrongful death cases in Kansas City. Major highways like I-70, I-35, and I-435 see frequent fatal accidents involving distracted driving, drunk driving, and commercial vehicle negligence.
Truck accident wrongful death cases often involve multiple liable parties, including trucking companies, drivers, leasing companies, cargo loaders, and maintenance providers. Federal Motor Carrier Safety Regulations create additional liability standards for commercial vehicle operations.
Workplace Fatal Accidents
Construction sites, industrial facilities, and other workplaces throughout Jackson County and Johnson County present significant safety hazards. Wrongful death cases may arise from falls, equipment accidents, chemical exposure, and other workplace dangers.
While workers' compensation may cover workplace deaths, third-party liability may exist when equipment manufacturers, property owners, or contractors contribute to fatal accidents through negligence.
Survival Actions vs Wrongful Death Claims
Missouri and Kansas recognize both survival actions and wrongful death claims as separate legal remedies with different purposes and beneficiaries. In appropriate circumstances, families may pursue both types of claims simultaneously.
Survival actions recover damages the deceased person could have claimed if they survived their injuries. These claims become part of the deceased person's estate and may include medical expenses, lost wages from injury to death, and pain and suffering before death.
Wrongful death claims compensate surviving family members for losses they experience due to their loved one's death. These damages belong to eligible family members rather than the deceased person's estate.
The distinction matters for damage calculations, tax implications, and distribution among family members. Some damages may be recoverable under both theories, while others apply only to survival actions or wrongful death claims.
Proving Negligence in Wrongful Death Cases
Successful wrongful death cases require proof that negligence directly caused the death. This legal standard involves demonstrating duty of care, breach of duty, causation, and damages through compelling evidence and professional testimony.
The burden of proof in wrongful death cases requires showing negligence by a preponderance of the evidence. This means the evidence must demonstrate that negligence more likely than not caused the death.
Evidence supporting wrongful death claims varies by case type but commonly includes:
- Police reports, accident reconstruction analyses, and witness statements documenting how incidents occurred
- Medical records, autopsy reports, and expert testimony establishing the cause of death and linking it to negligent conduct
- Employment records, tax returns, and financial documents proving the deceased person's earning capacity and family support
- Expert witness testimony from accident reconstruction specialists, medical professionals, and economic loss calculators, if needed
- Photographs, video footage, and physical evidence from accident scenes before conditions change
Investigation timing proves critical in wrongful death cases. Evidence may disappear quickly, witnesses' memories fade, and accident scenes change before thorough documentation occurs. Prompt legal action helps preserve crucial evidence supporting family claims.
How We Handle Insurance Negotiations
Wrongful death cases involve complex insurance coverage questions and multiple potentially liable parties with different coverage limits. Our approach focuses on identifying available insurance sources and presenting comprehensive claims that account for families' total losses.
We begin by identifying potentially liable parties and their insurance coverage. This investigation may reveal multiple insurance policies that may provide compensation, including auto liability, commercial general liability, professional liability, and umbrella coverage. Our negotiation strategy emphasizes the full scope of family losses and the responsible parties' liability through detailed economic analysis, comprehensive medical documentation, and compelling evidence of family relationships.
Settlement discussions proceed with full preparation for trial advocacy. We coordinate with estate attorneys and probate courts to address distribution issues and tax implications of wrongful death settlements, protecting families' long-term financial interests while pursuing immediate compensation for pressing needs.
Missouri vs Kansas Wrongful Death Law Differences
Kansas City metro wrongful death cases may involve Missouri or Kansas jurisdiction, creating important legal distinctions that affect case strategy and potential outcomes. Both states have different statutes of limitations, eligible claimants, and damage calculations.
| Missouri | Kansas | |
| Statute of Limitations | ||
| Damage Calculations | Broader damage recovery, generally no caps on non-economic damages | May impose limitations on certain damage types |
| Non-Economic Damages | Recovery for loss of companionship, guidance, and emotional support without specific dollar limitations | Similar damages are recognized, but may apply different calculation methods and potential caps |
| Comparative Negligence | Pure comparative negligence - recovery allowed regardless of fault percentage | Modified comparative negligence - no recovery if the deceased person was 50% or more at fault |
| Filing Extensions | May be extended for discovery of negligence or pending criminal proceedings | Similar extensions may apply in certain circumstances |
These deadlines are strictly enforced, making prompt legal consultation crucial for protecting family rights. Families should not rely on potential extensions and should consult attorneys promptly after fatal incidents to preserve their legal options.
What to Do After a Wrongful Death
Families facing wrongful death situations must address immediate practical needs while protecting their legal rights. The period immediately following a loved one's death presents challenges requiring both emotional support and practical guidance.
Important steps after wrongful death include:
- Notifying insurance companies but avoiding detailed statements without legal counsel
- Maintaining financial records showing the deceased person's income, benefits, and family support
- Documenting funeral expenses, travel costs, and other immediate financial impacts
- Following probate court procedures for estate administration and personal representative appointment
- Obtaining copies of police reports, medical records, and death certificates
- Preserving all evidence related to the incide,nt including photographs, damaged property, and witness contact information
Families should avoid signing releases or settlement agreements without legal review. Early settlement offers may seem reasonable, but they can fail to account for long-term losses and the full damage scope.
Contacting experienced wrongful death attorneys promptly can help protect family rights and begin evidence preservation. Many crucial deadlines start running immediately after death, making prompt legal consultation essential for successful claims.
FAQ for Kansas City Wrongful Death Lawyer
Can I File a Wrongful Death Claim if My Loved One Was Partially at Fault?
Yes, both Missouri and Kansas allow wrongful death claims even when the deceased person shares some fault. Missouri uses pure comparative negligence, allowing recovery regardless of fault percentage, while Kansas bars recovery only if the deceased person was 50% or more at fault.
What’s the Difference between Wrongful Death and Survival Actions?
Wrongful death claims compensate surviving family members for their losses, while survival actions recover damages the deceased person could have claimed if they lived. Families may pursue both types of claims simultaneously.
Who Can File a Wrongful Death Claim in Kansas City?
Missouri allows spouses, children, parents, or siblings to file claims in order of priority, while Kansas requires the estate's personal representative to file on behalf of survivors.
How Are Wrongful Death Settlements Distributed among Family Members?
Distribution depends on state law and family circumstances, with Missouri and Kansas having different rules regarding which family members receive compensation. Courts consider dependency relationships, financial contributions, and family structure when approving distributions.
What if There’s Both a Criminal Case and a Wrongful Death Claim?
Criminal cases and wrongful death claims are separate legal proceedings with different standards of proof and purposes. Families may pursue wrongful death claims regardless of criminal case outcomes.
Get Justice for Your Family - Contact Presley and Presley Trial Lawyers Today
Wrongful death cases represent some of the most emotionally challenging legal matters families face. The loss of a loved one creates overwhelming grief while forcing survivors to address complex legal and financial questions during their most difficult time.
Presley and Presley Trial Lawyers understands the unique challenges wrongful death cases present for grieving families. Our compassionate approach provides necessary legal guidance while allowing families to focus on healing and moving forward.
We handle every aspect of wrongful death claims from initial investigation through trial or settlement. Our comprehensive approach addresses both immediate family needs and long-term financial security for survivors. Contact Presley and Presley Trial Lawyers at (816) 931-4611 for compassionate wrongful death representation throughout Missouri and Kansas.