Did you lose a loved one due to someone else’s negligence or misconduct? No matter the exact specifics of your case, we recognize that situations like these can make for very devastating circumstances.
At Foster Wallace, we have helped personal injury victims in situations just like yours for six years and counting. With more than 45 years of combined experience, our law firm has recovered over $1 billion in compensation.
With an Overland Park wrongful death lawyer by your side, you can pursue justice and recover compensation for the losses you’ve endured due to the untimely death of your loved one. As your Overland Park personal injury lawyer, we are here to advocate for your rights.
Who Can File a Wrongful Death Lawsuit in Missouri?
According to state laws in Missouri, there are specific groups of people who are eligible to file a wrongful death lawsuit. The right to file adheres to the following priority system:
- Immediate family members: The priority goes to the deceased person’s spouse, children, or grandchildren. If the deceased was a minor, their parents or legal guardians may file the claim on their behalf.
- Siblings and their descendants: If the person who passed away did not have any surviving spouses, children, or grandchildren, their brothers, sisters, or the children of the deceased can file the lawsuit instead.
- Personal representative or court-appointed plaintiff ad litem: If there are no immediate family members, the court may appoint a plaintiff ad litem to pursue the wrongful death claim on behalf of the deceased person’s estate.
This hierarchical system ensures that those closest to the deceased have the first opportunity to seek justice. If multiple eligible family members are involved, they can file a claim together or designate one individual to represent them all in the same case.
For further clarification about whether or not you are entitled to file a wrongful death claim, reach out to wrongful death attorneys in Overland Park.
Types of Damages in a Missouri Wrongful Death Claim
A wrongful death lawsuit aims to pursue compensation on behalf of the deceased person’s family for both economic and non-economic losses. Here are some examples of damages that your wrongful death lawyer in Overland Park can help you recover:
- Medical expenses: Any medical bills incurred due to the injury that led to the person’s death—including hospitalization, surgeries, emergency care, and medication costs—can be recovered.
- Funeral and burial costs: Your Overland Park wrongful death attorneys can help you recover compensation for expenses related to the funeral, burial, cremation, and memorial services.
- Lost wages and financial support: Compensation for the income the deceased would have provided to their family had they survived includes both past lost wages and future earning capacity.
- Loss of benefits: The value of pensions, health insurance, and other financial benefits the deceased would have contributed to the family might be eligible for recovery.
- Pain and suffering of the deceased: You can pursue damages for the physical pain and emotional distress the deceased suffered before their passing.
- Loss of consortium and companionship: Your attorney can help you seek compensation for the loss of love, guidance, companionship, and emotional support that the deceased provided to their spouse, children, and family members.
- Household contributions: Financial compensation might be available for the cost of household services the deceased provided, such as childcare, home maintenance, and caregiving.
Contact our Kansas city personal injury lawyers now.
Missouri’s Statute of Limitations for Wrongful Death Claims
In Missouri, the statute of limitations for a wrongful death lawsuit is three years from the date of death. If you do not file your claim within these three years, your right to seek compensation will likely be barred by law.
That said, there are a few exceptions to this rule, including:
- Medical malpractice: If the wrongful death resulted from medical negligence, different statutes of limitations may apply, depending on when the malpractice was discovered.
- Government claims: If the wrongful death was caused by a government agency or an employee of one, additional notice requirements and shorter deadlines may apply.
- Minors as plaintiffs: If the deceased’s child is a minor, the statute of limitations may be paused until the child reaches 18 years old.
Contact Our Wrongful Death Attorneys in Overland Park for More Information Today
Have you lost someone you cared about due to someone else’s negligent behavior? Wrongful death cases often arise from tragic incidents such as car accidents, medical malpractice, workplace incidents, or dangerous products—all of which can be hard to come to terms with or handle.
While we can’t bring your family member or friend back to life, we’re here to support you as you grieve the loss of someone you loved deeply. With our Overland Park wrongful death attorneys by your side, you won’t feel as alone in the aftermath of the incident.
We’re here to guide you through the legal process, investigate the circumstances of your loved one’s passing, and hold the responsible parties accountable. The sooner you reach out to our firm, the sooner we can help you seek justice and closure.
