A wrongful death lawsuit in Kansas City typically unfolds over 12 to 24 months, but complex cases involving multiple parties or disputed liability can take longer. The timeline depends on factors like the strength of available evidence, the defendant’s willingness to negotiate, and court scheduling. While no legal process can undo your loss, knowing what lies ahead helps you prepare for the journey and make informed decisions about your family’s future.
Investigating and Filing the Initial Wrongful Death Claim
Before any lawsuit begins, your attorney conducts a thorough investigation to establish the foundation of your claim. This phase involves collecting police reports, medical records, witness statements, and any other documentation that demonstrates how negligence or wrongful conduct caused your loved one’s death.
Your lawyer will also identify all potentially liable parties and verify that your case falls within Missouri’s three-year statute of limitations for wrongful death claims. Once the investigation confirms you have a viable case, your wrongful death attorney in Kansas City drafts and files the initial complaint with the appropriate Kansas City court, officially beginning the litigation process.
Gathering Evidence and Depositions During the Discovery Phase
Discovery is the most time-intensive portion of most wrongful death lawsuits, often lasting six months to a year. Both sides exchange information through written interrogatories, document requests, and depositions where witnesses testify under oath. This phase builds the evidentiary record that will support your case, whether it resolves through settlement or proceeds to trial.
Your attorney may depose medical professionals, accident reconstruction experts, employers, or anyone with relevant knowledge about the circumstances surrounding the death. The defense will likely request your deposition as well, asking detailed questions about your relationship with the deceased and the impact of your loss.
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Attending Negotiations and Settlement Discussions
Settlement negotiations can occur at any point during litigation, though they often intensify after discovery concludes and both sides have assessed the strength of the evidence. Your attorney presents a demand package outlining the damages your family has suffered and communicates with the defense team to reach a fair settlement.
Many wrongful death cases resolve through negotiated settlement, allowing families to avoid the emotional toll and uncertainty of a trial. However, if the insurance company or defendant offers inadequate compensation, your lawyer will prepare to take your case before a jury.
Going to Trial and Receiving the Final Verdict
If your case proceeds to trial, a jury will hear testimony, review evidence, and determine both liability and damages. Wrongful death trials can last a few days to a few weeks, depending on complexity. Your attorney will present your case through witness testimony, expert opinions, and compelling evidence demonstrating how the defendant’s actions caused your loved one’s death.
After the closing arguments, the jury deliberates and returns a verdict. If you prevail, the court enters a judgment for the awarded damages. The defendant may appeal, potentially extending the timeline further.
Contact Our Kansas City Wrongful Death Attorneys Today
Every phase of a wrongful death lawsuit presents distinct challenges. The path forward becomes clearer when you have experienced legal guidance at each turn. Dollar, Burns, Becker, and Hershewe has helped Kansas City families move through this complex process while honoring the memory of their loved ones and pursuing the compensation they deserve.
We will walk beside you from the initial consultation through resolution, providing clarity when the legal system feels confusing. Contact us at (816) 876-2600 to discuss your case with attorneys who will advocate for your family through every stage ahead.