Dealing with the death of someone in an accident can be challenging. When it is the result of someone else’s negligence, it is more than just challenging. It is even more. It is anger. It feels wrong. Kansas City personal injury lawyers guide families through these difficult times, and here is what they look for to proceed with a wrongful death matter, step by step.
What is a wrongful death case?
A wrongful death case originates when someone loses their life due to the negligence of someone else. For example: car accidents, medical negligence, unsafe workplace, etc. The intention of a wrongful death case is accountability. The case is about money to pay the family for their loss, pain, and damages. These are civil law cases asking for money, not jail time. The job of the lawyer is to demonstrate the death that resulted was preventable.
Step 1: Listening to the Family
The lawyer meets with the family. They listen. No rushing. No legal talk. Just the facts and the pain. They learn about the person who died, what happened, and how it affected the family. This first talk builds trust. It also helps the lawyer understand the case clearly. Many families are still in shock. They may not know where to start. The lawyer offers calm support.
Step 2: Investigating the Death
Next, the lawyer gathers facts. This means:
- Police reports
- Medical records
- Witness statements
- Photos or videos
- Any expert opinion
They may visit the scene. They may talk to experts. Everything gets checked.
They would like to know precisely what went wrong and who was responsible. They will likely bring in outside assistance. This might include accident experts or medical experts. These professionals assist in understanding what happened.
Step 3: Identifying Responsibility
Wrongful deaths can involve:
- A careless driver
- A company that ignored safety
- A doctor who made a big mistake
- A product that failed
The lawyer finds out who had a duty to keep others safe—and failed. Sometimes more than one party shares blame. The lawyer works to find everyone who played a role. This is key to building a strong case.
Step 4: Putting a Value on the Case
No amount of money brings someone back. But the law allows certain losses to be counted:
- Funeral costs
- Lost income
- Pain and suffering
- Medical bills
- Loss of companionship
The lawyer works with experts to calculate fair amounts. They make sure nothing is left out. This part is hard. It’s not just numbers. It’s the value of a human life. The lawyer speaks with family to show how deep the loss really is.
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Step 5: Talking with Insurance Companies
Most wrongful death cases deal with insurance companies. These firms don’t want to pay much. The lawyer talks tough. They handle all calls, letters, and offers. They protect the family from pressure or unfair deals. Some insurers try delay tricks. They may drag things out, hoping the family gives up. The lawyer keeps pushing. If the insurer won’t settle fairly, the case goes to court.
Step 6: Filing a Lawsuit (If Needed)
If talks fail, the lawyer files a lawsuit. They prepare all legal papers. They meet all deadlines. They go to court for the family. They present proof. They question witnesses. They fight for what’s right. Filing suit shows the lawyer is serious. It puts pressure on the other side. Sometimes this pushes them to settle. Many cases settle before trial. But the lawyer stays ready to go all the way.
Step 7: Supporting the Family
A good lawyer does more than file papers. They care. They answer questions. They explain the process in plain words. They stay in touch. They don’t leave the family in the dark. They help with grief groups, benefits, or anything else the family may need. They understand that families are in pain. They are there to help—not just with the case, but with the healing.
Kansas City-Specific Experience Matters
Laws vary by state. Kansas and Missouri have different rules. A Kansas City lawyer knows both. They know local courts, judges, and timelines. They know how juries think here. This local knowledge helps in the legal process to build stronger cases.
For example, Missouri allows pain and suffering claims. Kansas may not in some cases. A local lawyer knows what works best in each court.
Why this is important
Each state does impose limitations to when you can file a wrongful death action. This time limit is referred to as the statute of limitations. In Missouri, you have 3 years from the date of death. In Kansas, you have 2 years. If you take too long, your case will be lost. A lawyer makes sure everything is done on time. Also, waiting can hurt the case. Over time, memories fade. Evidence gets lost. Acting early helps.
Choosing the Right Lawyer
Pick someone with experience in wrongful death cases. Check their past results. Ask questions. Make sure they explain things clearly. Choose someone who treats you with care—not like a case number. Meet face to face. Trust your gut. You want someone who feels right and who will fight hard.
What Families Can Expect
Wrongful death cases take time. But a good lawyer:
- Gives updates often
- Listens when you call
- Explains what’s happening
- Fights hard
- Never gives up
Families should feel heard and supported every step of the way.
Don’t expect fast results. But expect steady progress. Expect someone who stands by you.
Final Thoughts
Wrongful death cases are not just legal matters. They are personal. They carry deep pain. A strong Kansas City Wrongful Death lawyer knows this. They mix skill with compassion. They fight to make things right—and bring some peace to the ones left behind. They don’t promise easy wins. They promise real work, real care, and real support.
FAQs
1. Who can file a wrongful death claim in Kansas City?
Usually, a spouse, child, or parent can file. If none, other close relatives may qualify.
2. What if the person who caused the death has no money?
The lawyer looks for insurance or other sources to get payment.
3. How long does a wrongful death case take?
Some cases settle in months. Others may take a year or more, depending on the facts.
4. Do I pay the lawyer upfront?
Most work on a “no win, no fee” basis. You pay only if you win money.
5. Can a case go to trial?
Yes. If there’s no fair settlement, the lawyer can take it to court and let a jury decide.
