While many car accidents result in minor injuries or property damage, others carry far more devastating consequences. When a car accident claims the life of someone you love, the grief can feel overwhelming. Beyond the emotional toll, families often face unexpected financial burdens, from medical bills to lost income. If you have lost a family member in a fatal car accident caused by another person’s negligence, you may have the right to pursue a wrongful death claim and seek the compensation your family deserves.
Who Can File a Wrongful Death Lawsuit in Kansas City?
Because Kansas City sits on the border between Missouri and Kansas, the rules for filing a wrongful death lawsuit depend on which state’s laws apply to your case. Under Kansas law, any of the deceased person’s heirs at law who suffered a loss because of the death may file a wrongful death lawsuit. This typically includes the surviving spouse, children, parents, grandparents, or siblings.
In Missouri, the deceased person’s surviving spouse, parents, children, or grandchildren (if the children have passed away) have priority. If no one from this group survives, then siblings or their descendants may file the lawsuit. When no eligible family members exist, the court can appoint a plaintiff ad litem to handle the case on behalf of anyone entitled to share in any potential recovery.
Proving Negligence in a Fatal Car Accident Case
To succeed in a wrongful death lawsuit for a car accident in Kansas City, you will need to prove that the other driver’s negligence caused your loved one’s death:
- First, you must establish that the driver owed a legal duty to operate their vehicle safely and follow traffic laws.
- Second, you must prove that the driver violated that duty through careless or reckless driving behavior, such as texting while driving or running a red light.
- Third, you will need to show that the driver’s breach directly caused the accident that resulted in your family member’s death.
- Finally, you must show that you and your family suffered losses as a result of the death that you can recover in the lawsuit.
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Types of Damages Available in a Kansas City Wrongful Death Claim
When a wrongful death lawsuit succeeds, the court orders the defendant to pay damages to compensate for the losses your family has endured. In a Kansas City, Missouri wrongful death claim, a lawyer can help recover damages including:
- Funeral and burial expenses
- Medical bills from your loved one’s final injury or illness
- The value of wages and benefits the deceased would have earned over their lifetime
- Pain and suffering the deceased experienced between the injury and death
- The value of lost services, companionship, guidance, and support to surviving family members
In Kansas, these damages are very similar. They include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost wages and future earning potential
- The value of the household services the deceased provided
- Survivors’ mental anguish, suffering, and bereavement
- Loss of companionship, care, support, and guidance
Get Legal Support for Your Fatal Wrongful Death Case
Losing a loved one in a car accident is one of life’s most difficult experiences, and navigating the legal system should not add to your burden. The injury attorneys at Dollar, Burns, Becker, and Hershewe will help you pursue justice and fair compensation for your loss. Call (816) 876-2600 or fill out our online contact form to schedule a consultation today.