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If you’ve recently lost a loved one in an accident that was not their fault, you may feel overwhelmed and traumatized. You may not know where to turn for help. At Peterson & Associates, P.C., our experienced Kansas City wrongful death attorneys can help you get the compensation and justice you deserve. We will fight for your rights every step of the way.
Filing a lawsuit with a Kansas City Wrongful Death Attorney
A wrongful death lawsuit is a civil action brought by someone who has lost a loved one due to another person’s negligence or wrongdoing. The person bringing the suit is seeking compensation for their loss as well as an order to make sure that this type of incident never happens again. The lawsuit may be filed against the wrongdoer or the entity responsible for their actions, including an employer, landlord, or health care provider.
Wrongful death cases can be complicated, and they often involve a great deal of evidence. In order to seek justice for your loved one, you will need to be prepared to present an argument in support of your case. If your loved one was killed in an accident caused by another person’s negligence, you could file a wrongful death lawsuit as long as you have suffered damages as well as had a reasonable chance of recovering compensation.
In some cases, the court may allow you to seek compensation on behalf of your loved one’s estate. This means that the money will go directly to your loved one’s family. This can help with funeral costs and other expenses that may have been incurred while the case was being investigated and tried.
If you’re considering filing a wrongful death lawsuit, it’s essential to speak with a lawyer who understands the process and can help you navigate these difficult waters. Our wrongful death lawyers at Peterson & Associates, P.C. can help you get the justice you deserve. Contact our Kansas City wrongful death attorneys for a free case evaluation.
Who Can File a Wrongful Death Lawsuit in Missouri?
So who can file a wrongful death lawsuit in Missouri? The answer is not as clear-cut as you might think. To file a wrongful death lawsuit in Missouri, you must be a “statutory beneficiary.”
What does that mean? It means that you must be a relative of the victim who falls into one of the following categories:
Spouse
Child
Parent
Sibling
If you are not a relative, you may still be able to file a lawsuit if you can prove you were financially dependent on the victim. Contact an experienced Kansas City wrongful death lawyer at Peterson & Associates, P.C. to see if you’re eligible to file a wrongful death claim.
Elements of a Wrongful Death Case
A wrongful death case is one in which a person dies as a result of someone’s negligence or negligent action. Negligence is defined as the failure to act in a reasonable manner that causes harm. In some cases, injury or death can also be caused by willful or intentional actions. Negligence can be either active or passive. An example of active negligence would be if an individual drives recklessly, causing an accident that results in injury or death.
Passive negligence is when an individual fails to take reasonable safety precautions that are required under the circumstances. For example, if a person leaves a toddler unattended in a car seat for too long, this could be considered negligent because the child is vulnerable and subject to the elements. A wrongful death case is brought by the surviving family members against the negligent party who has caused the death of their loved one. This can include both direct and indirect damages such as medical expenses and lost wages.
For a wrongful death case to be successful, the plaintiff must prove several elements such as:
The negligence of the defendant
The defendant’s negligence caused the victim’s death
Prove that the defendant is legally liable for the death
Prove that money damages are appropriate
What Damages Can Be Recovered in a Wrongful Death Lawsuit in Missouri?
When you file a wrongful death lawsuit in Missouri, you can seek damages for a variety of losses, including:
Medical and Funeral Expenses
A person may be entitled to seek compensation for the costs associated with wrongful death, such as funeral expenses or the cost of treating a family member who was negatively affected by the death.
Lost Income and Benefits
A person may be entitled to seek compensation for the loss of income and benefits due to a loved one’s death. This may include Social Security benefits, pensions, and other benefits.
Pain and Suffering
A person may be entitled to seek compensation for the mental pain and suffering that occurred as a result of the wrongful death.
Loss of Consortium
A person may also be entitled to seek compensation for the loss of their spouse’s companionship, society, and connection to family. Loss of consortium can be substantial for the spouse if there is no other person to take care of the spouse’s physical and emotional needs. An example would be if the spouse depended on their partner for all their financial needs.
Loss of Inheritance
A person may also be entitled to seek compensation for the loss of any future inheritance. For example, a person who was entitled to receive their parents’ estate may be entitled to seek compensation for the loss of that inheritance.
How Long Do You Have to File a Wrongful Death Claim in Missouri?
In Missouri, the statute of limitations for wrongful death claims is three years. This means that you have three years from the date of your loved one’s death to file a lawsuit. However, it’s important to note that this is just a general rule, and there may be exceptions depending on the circumstances of your case. That’s why it’s essential to speak with an experienced wrongful death lawyer as soon as possible after your loved one’s death.
Our wrongful death lawyers at Peterson & Associates, P.C. can help you file a wrongful death claim and ensure you get the compensation you deserve. Our attorneys will handle the legal process while you focus on recovering from the loss of your loved one.
Benefits of Hiring a Wrongful Death Lawyer
Wrongful death laws are often complex, and it is always advisable to have a wrongful death attorney by your side to help you navigate Missouri’s complex legal system. Here are some of the benefits of hiring a wrongful death lawyer:
They can provide a professional opinion to the family on whether or not the death is due to a wrongful act of someone else. They will also help them get compensation for their loss.
Wrongful death lawyers have been involved in similar cases before and have the necessary contacts and knowledge to help you in your case, even if it has been years since your loved one’s death.
Wrongful deaths are often complicated and require a lot of time to be dealt with effectively and efficiently by an experienced lawyer who knows how to handle such cases.
A wrongful death lawyer can offer a free consultation to the family and help them understand the legal process. They will also help them prepare for a potential court case.
A wrongful death lawyer can help the family know how to file a lawsuit against the person responsible for their loved one’s death if this is what they choose to do. They will also be able to guide them on how best to approach their case and what their chances are of getting justice in court.
Wrongful death lawyers can help you find compensation for your loss through a wrongful death claim or lawsuit against someone responsible for your loved one’s loss because of negligence or other wrongdoing. These claims can often be quite complicated and require the services of an experienced lawyer who knows exactly what it takes to get compensation from a person or company that caused your loved one’s untimely demise, regardless of whether there was malice involved or not (whether intentionally or negligently).
At Peterson & Associates, P.C., we understand how challenging dealing with the loss of a loved one can be, which is why we want to help you get justice and ensure that you get compensated for the loss of your loved one. Contact our Kansas City wrongful death lawyers for a free case evaluation.
Wrongful Death Lawsuit Process
In a wrongful death lawsuit, the family of the deceased seeks damages to cover the costs associated with their death. The process can be complicated, especially if it is your first time filing a lawsuit. However, there are several steps that you can take to ensure that you are prepared for the process.
First and foremost, you should work with a lawyer who has experience handling wrongful death cases. You should also keep track of all of your expenses so that you can accurately estimate how much it will cost to settle the case. Finally, you should keep copies of your documentation in a safe place so you can refer back to them if necessary.
The process of filing a wrongful death lawsuit can be complicated, so it’s crucial to have an experienced attorney on your side. Our lawyers at Peterson & Associates, P.C. have years of experience helping the families of wrongful death victims get the compensation and justice they deserve. We’ll guide you through every step of the process and fight for the best possible outcome in your case.
How to Find the Right Wrongful Death Lawyer
When you’re looking for a wrongful death lawyer, it’s essential to choose someone who has the experience and know-how to get the job done right. At Peterson & Associates, P.C., we have several years of experience helping the families of wrongful death victims in Kansas City get the compensation and closure they deserve.
So how do you go about finding the right lawyer for you? Here are a few tips:
Do your research. Make sure to read reviews and compare pricing before making a decision.
Ask around. Talk to friends and family members who may have gone through a similar situation and ask for recommendations.
Meet with multiple lawyers. Don’t just choose the first one you come across—meet with several lawyers to get a better idea of what they can offer you.
Go with your gut feeling. Ultimately, it would be best if you felt comfortable with the lawyer you choose, so trust your gut instinct when making your final decision.
Questions to Ask a Wrongful Death Lawyer
If you’ve lost a loved one in an accident that wasn’t their fault, you may be considering hiring a wrongful death lawyer. While this is an important decision, it can be tough to know where to start. Here are some questions to ask a Kansas City wrongful death lawyer to help you make the right choice:
How much experience do you have with wrongful death lawsuits?
What is your success rate?
How would you approach my case?
What are your fees?
Do you have any references I can speak to?
Contact a Kansas City Wrongful Death Lawyer
If you have lost a loved one as the result of someone else’s negligence, you may be entitled to compensation. Our wrongful death attorneys at Peterson & Associates, P.C. have several years of experience helping the relatives of wrongful death victims get the compensation and justice they deserve.
To learn more about your legal options, contact a Kansas City wrongful death attorney at our law office today for a free, no-obligation consultation by calling (816) 479 4268. We will review your case and help you decide if filing a wrongful death lawsuit is the best course of action for you.
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$5.5 Million* – Wrongful Death
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$2 Million* – Wrongful Death
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Many people that have been injured in car accidents are unsure of where to start with a legal claim. Our team of highly trained lawyers can help to review the details of your crash and guide you through the process. Below, learn more about the attorneys at Peterson & Associates, P.C., their results, and contingency fees.