In Kansas City, personal injury and wrongful death claims arise from the same kind of event: someone’s negligence causing harm to another person. However, a personal injury claim belongs to the person who was hurt. A wrongful death claim in Kansas City belongs to the family of someone who did not survive. That difference affects several factors, such as who can file, what can be recovered, and how any award gets divided.
Who Has Standing to File Each Type of Lawsuit
In a personal injury lawsuit, the injured person files the claim themselves. Wrongful death works differently because the person harmed is no longer able to pursue it. Instead, an eligible representative files the claim on their behalf.
In Kansas, any heir at law who suffered a loss from the death can file a wrongful death claim. That usually means a surviving spouse, child, parent, grandparent, or sibling.
Missouri organizes potential plaintiffs into tiers. The first tier includes the spouse, children, parents, and, if the children have died, the children’s descendants. If no one in that tier survives, siblings or their descendants may file. If neither tier applies, the court appoints a plaintiff ad litem, which must be requested by someone entitled to share in any recovery.
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Differences in the Damages You Can Recover
In a personal injury lawsuit, the injured party can claim damages for their own losses, such as medical care, lost income, property damage, and pain and suffering. Wrongful death damages generally address two types of losses: those suffered by the deceased’s estate and those suffered by surviving family members.
Common examples include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost wages and benefits the deceased would have earned
- The value of household services and caregiving the deceased provided
- Pain and suffering the deceased experienced before death
- Loss of companionship, comfort, guidance, and support
- Survivors’ mental anguish and bereavement
Kansas City Statute of Limitations for Wrongful Death vs. Personal Injury
Every civil claim comes with a filing deadline known as a statute of limitations, and missing it almost always ends the case before it begins. The clock runs differently depending on the type of claim and the state where it is filed.
For personal injury claims, Missouri gives you five years from the date of the injury, while Kansas gives you two years. Wrongful death deadlines are measured from the date of death rather than the date of the accident. Missouri sets that deadline at three years, and Kansas sets it at two years.
The Distribution of Settlement Funds After a Claim
A personal injury settlement goes directly to the injured plaintiff. Wrongful death lawsuits follow a different route because more than one person typically has a stake in the outcome. Courts divide the funds among eligible family members based on several rules, such as their financial dependence on the deceased and the needs of each beneficiary.
Whether your situation calls for a personal injury claim or a wrongful death lawsuit, legal representation can make the difference between a dismissed case and a meaningful recovery. The injury attorneys at Dollar, Burns, Becker & Hershewe handle both types of claims in Kansas City, and we can help you fight for the full compensation you and your family deserve. Contact our office to schedule a consultation and find out where your case stands.