Wrongful Death Attorneys in Blue Springs, MO
Compassionate strong advocacy for the families of fatal accidents and negligence in Missouri
There’s nothing more tragic than when a loved one dies in an accident that was preventable. Most accidents are preventable. When drivers speed or drive while intoxicated, or companies put profits before the safety of your loved one, the people and companies that were irresponsible should be held accountable.
At Kansas City Accident Injury Attorneys, we understand that there’s no monetary sum that can compensate families for their personal grief when a loved one dies prematurely. Our Blue Springs wrongful death lawyers fight to hold defendants accountable. We fight to obtain the maximum amount of compensation Missouri law permits. While we cannot bring your loved one back, we do fight to help you honor your loved one by obtaining justice, and by helping you obtain the compensation you need to live your best lives without your loved one.
How can we help?
- What is a wrongful death lawsuit?
- Why do fatal accidents happen in Blue Springs?
- How do wrongful death claims in Blue Springs differ from criminal cases?
- How do wrongful death cases in Blue Springs differ from other personal injury cases?
- How much is my wrongful death lawsuit In Blue Springs worth?
- What is the time limit for filing a wrongful death claim in Missouri?
- Do you have a wrongful death lawyer near me?
What is a wrongful death lawsuit?
A wrongful death action is a personal injury lawsuit brought on behalf of the family of a loved one who died in a car accident, due to medical malpractice, because of a defective product, or due to any other type of accident. A wrongful death action is the way to hold the wrongdoers accountable and to reduce the financial burdens caused by an unimaginable tragedy.
The beneficiaries of the wrongful death action include the spouse, children, and/or surviving lineal descendants of any deceased children (whether “natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased…”). In some cases, a brother, sister, or their descendants may be entitled to wrongful death damages.
Our skilled Blue Springs wrongful death lawyers work aggressively to verify the following core requirements of a wrongful death claim:
- The defendants owed your loved one a duty of care. For example, all drivers owe every other vehicle on the road a duty to drive safely.
- A breach of the duty of care. For example, drivers who speed or property owners who fail to inspect their property breach their duty of care.
- The breach caused your loved one to die. We normally work with the coroner and physicians, when necessary, to show the negligence or fault of the defendants caused your loved one’s death.
Why do fatal accidents happen in Blue Springs?
Our Blue Springs wrongful death lawyers represent families when any type of accident causes the tragic death of a loved one. Common causes of fatalities in and near Blue Springs include:
- Car accidents, truck accidents, and motorcycle accidents
- Medical malpractice
- Construction accidents
- Premises liability accidents
- Product defects
- Nursing home abuse and neglect
- Acts of violence
If death occurs at work, we file a claim for workers’ compensation death benefits on behalf of an employee’s family.
How do wrongful death claims in Blue Springs differ from criminal cases?
In some cases, criminal charges are also filed along with your wrongful death claim. A common example is when a drunk driver causes a car accident that kills your loved one. Jackson County is likely to file a driving under the influence charge against the driver.
Normally, the criminal case is handled first. We normally work with the prosecution to coordinate their claim with your claim. In some cases, a conviction can be used in your civil wrongful death case. In most cases, the evidence (such as any breathalyzer tests) can be used in your civil wrongful death case.
There is no requirement that criminal charges be filed. The family of the deceased only has to show that the defendants were civilly liable – based on the requirements we discussed above.
How do wrongful death cases in Blue Springs differ from other personal injury cases?
The main difference in a wrongful death case, as compared to a personal injury case, is that your loved one is not there to testify. This means we need to work with other witnesses, the police, investigators, and professionals (such as fire or product safety professionals) to show how the accident that caused your loved one to die occurred.
Other differences include the damages that can be awarded, the medical evidence that is presented, and other differences depending on how the accident occurred.
How much is my wrongful death lawsuit In Blue Springs worth?
Generally, the wrongful death damages the family member can claim if the above three elements are shown include:
- Funeral expenses.
- “The reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support” the decedent would have provided the beneficiaries.
- The damages the decedent would have been able to claim but for his/her death, such as medical bills and pain and suffering.
Generally, “damages for grief and bereavement by reason of the death shall not be recoverable.”
Missouri’s wrongful death statutes provide for rebuttable presumptions and adjustments regarding the decedent’s wage and income level - depending on whether the deceased was or wasn’t employed, was 65 or older, and whether the beneficiaries were minors or disabled. Adjustments are also made regarding the decedent’s income level if the child was a minor (generally, the income calculation will be based on the income level of the parents).
If criminal charges were filed, or the defendant’s conduct was egregious, we will likely seek punitive damages.
We understand your need to mourn. We understand that no amount of money will ever make up for the loss you sustained. At Kansas City Accident Injury Attorneys, we fight to seek the strongest settlements and verdicts possible because families shouldn’t have the additional burden of debt after a loved one dies. Families should be able to live their lives according to the wishes of their loved ones.
What is the time limit for filing a wrongful death claim in Missouri?
Don’t wait. The timelines for filing a wrongful death claim in Missouri are complicated. Generally, personal injury claims must be filed within five years of the date of the accident. HOWEVER, wrongful death claims must be filed within three years of the date of the negligence. Some exceptions may apply.
We do need to coordinate your case with the police. We do need to be extra-aggressive in examining the evidence and speaking with witnesses because your loved one is not alive to testify.
Do you have a wrongful death lawyer near me?
Our Blue Springs office is located at 705 SW 10th St, Suite 107. Call for an appointment. We also have other offices throughout Missouri and Kansas.
Contact a Blue Springs wrongful death attorney today
Losing a loved one is incredibly hard. Selecting the correct Blue Springs wrongful death attorney to protect your future can make a huge difference. We work with medical professionals, witnesses, police officers, and investigators to build a solid case against negligent parties. Insurance companies will often discuss settling your claim because of our reputation in obtaining strong settlements and jury verdicts. Contact Kansas City Accident Injury Attorneys if your loved one died due to the negligence or fault of others. Call our office or fill out our contact form to schedule a free initial consultation today.
