Losing a loved one is one of the most painful experiences a person can endure. This experience is even more heart-wrenching when someone else’s negligence caused the fatal event. If you lost someone due to the actions of another person or entity, you could hold the at-fault party accountable through a wrongful death lawsuit.
The Kansas City wrongful death lawyers at Goza & Honnold, LLC understand how difficult these situations can be. We have represented hundreds of Missouri residents in their wrongful death claims, advocating aggressively for maximum recovery. Our Kansas City wrongful death attorneys will fight tirelessly to secure the compensation you and your family deserve.
Accidents That May Lead to Wrongful Death in Missouri
Wrongful death claims may be pursued when a victim dies due to the legal fault of another entity or person. These claims are intended to provide compensation for the surviving family members and dependents.
The following are several common types of accidents that frequently result in wrongful death claims:
- Motor Vehicle Accidents: Accidents involving cars, trucks, motorcycles, bicycles, and pedestrians can all lead to claims if they result from negligence, such as reckless driving, DUI, or failing to obey traffic laws.
- Medical Malpractice: When healthcare professionals do not meet the standard of care owed in their profession, leading to a patient’s death, their actions may give rise to a wrongful death claim. Common examples include surgical errors, misdiagnoses, and improper treatment.
- Workplace Accidents: Fatalities occurring in the workplace, particularly in industries like construction, manufacturing, or mining, can result in wrongful death claims. These often involve violations of safety regulations or failures to provide safe working conditions.
- Product Liability: Manufacturers, distributors, and retailers may be responsible if a defective product leads to death. This can include everything from faulty automotive parts to unsafe pharmaceuticals and defective household products.
- Premises Liability: Property owners have a lawful obligation to ensure their premises are safe. If a party dies due to unsafe conditions on someone else’s property, such as slip and fall accidents, inadequate security, or structural failures, it can lead to a wrongful death lawsuit.
- Recreational Accidents: Accidents occurring during recreational activities, such as boating, swimming, or hiking, can also lead to wrongful death claims if they involve negligence or unsafe conditions.
Each of these accident types can tragically cut lives short and lead to complex legal claims, seeking to address the profound losses experienced by the deceased’s loved ones.
Contributory Fault in Wrongful Death Cases
In certain incidents, like vehicle and motorcycle crashes, it may be argued by the opposing party that the deceased had a role in causing both the accident and their own death. Regardless of any responsibility attributed to the deceased, in many states, the surviving family members might still be eligible to claim damages.
Missouri adopts a pure contributory negligence rule when assessing wrongful death claims, which means the jury is tasked with assigning a fault percentage to each involved party. Should the deceased be deemed partially at fault, the total compensation awarded to the family is reduced by the deceased’s share of fault. For instance, if the deceased is found 25 percent responsible, the compensation awarded will be decreased by 25 percent.
Wrongful Death vs. Survival Actions
In Missouri, survivorship claims are established to compensate the surviving family members for the pain and losses the deceased suffered before their death. If the victim had lived, he or she would have been entitled to file a personal injury lawsuit.
Therefore, the right to file a survival action passes on to the surviving family members if the victim didn’t die instantly from their injuries. The law requires only a brief period of survival for such claims to be valid.
Missouri allows the combination of wrongful death and survival actions into a single lawsuit when they stem from the same event. One key difference between the two is the kinds of damages that can be claimed.
In a survival action, the damages that may be sought include the following:
- Medical expenses related to the incident incurred before death
- Lost earnings up until the time of death
- Conscious pain and suffering, along with emotional distress experienced from the moment of the incident until death
“Conscious pain and suffering” encompasses both the physical pain suffered by the deceased and the emotional turmoil, such as fear, knowing that death was imminent. When determining compensation for these damages, jurors will evaluate the following:
- The nature, duration, and severity of the physical pain and suffering
- The mental distress, anxiety, discomfort, or grief suffered by the victim
Missouri does not impose caps on damages for wrongful death or survivorship claims, except in cases of death caused by medical malpractice. For these cases, the state limits non-economic damages, like pain and suffering, to $700,000.
Why Our Wrongful Death Lawyers?
- Our attorneys practice empathy and honesty throughout your case. We will take the time to learn your loved one’s story and answer any questions you may have.
- Our firm has a track record of successful settlements and verdicts. We have recovered tens of millions of dollars on behalf of our clients.
- We provide vigorous representation during each stage of your case, from negotiation to trial. We will always advocate for your loved one’s best interests each step of the way.
Mediation and Settlement in Wrongful Death Cases
Mediation and settlements are essential components in the resolution of wrongful death claims, offering a pathway to compensation without the need for a lengthy trial. Understanding how to navigate these processes can significantly affect the outcome for the families involved. Mediations may lead to resolutions that honor the memory of the deceased and provide the surviving family members with the support they need to move forward.
The following are some important considerations:
Understanding Mediation
Mediation is a confidential procedure where an impartial mediator helps the disputing parties reach a mutually acceptable agreement. In wrongful death cases, mediation can serve as a more private and less adversarial forum compared to court trials. It allows families to discuss their grievances, understand opposing viewpoints, and work toward a resolution that acknowledges their loss and suffering.
Preparation is Key
Before entering mediation, it’s crucial for the parties involved to prepare thoroughly, which may include obtaining relevant documents, such as medical records, accident reports, and financial documents that show the economic losses suffered due to the death.
The Role of the Mediator
His or her official role is to facilitate dialogue, help clarify issues, and explore the feasibility of potential solutions. They do not make decisions or issue rulings but instead work to guide the parties toward common ground. In some cases, a mediator may recommend a specific resolution, but it is ultimately up to the parties to agree on terms to settle or resolve a lawsuit.
Negotiating Settlements
In wrongful death claims, settlements involve negotiating compensation that covers both economic and non-economic damages. Negotiation requires a precise understanding of the claim’s worth and a strategy to achieve a settlement that reflects that value.
Emotional Considerations
Wrongful death mediations can be emotionally charged. The lawyers of Goza & Honnold prepare our clients for the emotional dynamics of discussing their loss and are ready to support them through this challenging process. Mediators are also skilled in managing emotional situations, which can help keep the process moving forward constructively.
Exploring All Options
During mediation, various settlement options can be explored, from lump-sum payments to structured settlements. It’s important for families to consider their current and future financial needs when agreeing to terms.
Contact the Missouri Wrongful Death Lawyers of Goza & Honnold
Throughout the mediation and settlement process, having skilled legal counsel is invaluable. The lawyers of Goza & Honnold are experienced in handling complex wrongful death claims, providing strategic advice, representing the family’s interests fiercely during negotiations, and ensuring the settlement agreement is legally sound and adequately compensates the family for their loss. To learn about your potential legal options, contact Goza & Honnold by calling (913) 451-3433 or by completing our online contact form.
Who Can File a Wrongful Death Claim in Missouri?
A wrongful death occurs when another person’s negligence is responsible for the fatal injury or illness. Under Missouri Revised Statutes section 537.080, a death is wrongful if the victim could have recovered damages if he or she had survived the accident. Simply put, if your loved one would have been eligible for a personal injury lawsuit, your family is eligible to file a wrongful death claim.
However, only certain people may file a wrongful death lawsuit on behalf of a deceased person. First, the surviving spouse, children, or grandchildren of the deceased may file. Parents may also file a claim on behalf of their deceased son or daughter. If the deceased did not have a surviving spouse or any surviving children, grandchildren, or parents, his or her siblings may file the claim.
If no surviving family members are able to file a claim, the personal representative of the deceased’s estate may bring this lawsuit to civil court. The deceased will have identified the personal representative in his or her will. If the deceased did not name one, the court may appoint a plaintiff ad litem, or a court-appointed representative to act on behalf of a person or estate, to file the wrongful death claim.
Potential Damages in Kansas City Wrongful Death Lawsuits
Unlike personal injury lawsuits, where a plaintiff can recover compensation for any accident-related loss he or she endured, wrongful death plaintiffs can only recover certain types of damages. These damages fall into two categories: economic and non-economic.
Economic damages concern the tangible financial losses your family and the deceased’s estate incurred due to his or her death. You can recover compensation related to your loved one’s final expenses, including funeral and burial expenses and medical bills for his or her final injury or illness. You may also recover the value of wages and benefits your loved one would have earned if he or she survived the accident.
Non-economic damages concern the physical and emotional pain and suffering your family and your loved one experienced due to his or her death. Common types of non-economic damages in wrongful death claims include the following:
- The pain and suffering your loved one experienced before death.
- Loss of consortium, companionship, and support from your loved one.
- The reasonable value of services the deceased provided to the surviving family members before his or her death, such as the value of child care or elder care.
Calculating wrongful death damages can be difficult without an attorney on your side. The Kansas City wrongful death lawyers at Goza & Honnold, LLC can review your case and advise you and your family of the compensation you qualify for.
How to Prove a Wrongful Death Claim
Like personal injury lawsuits, wrongful death claims rely on the presence of negligence. A person acts in negligence if he or she fails to uphold a duty of care in some way, either through a negligent act or failure to act. To secure compensation for your loved one’s passing, you and your lawyer will need to provide evidence to satisfy the following elements of negligence.
- Duty: The at-fault party owed your loved one a duty of care. This duty will depend on the circumstances surrounding the wrongful death.
- Breach of duty: The at-fault party breached his or her duty of care in some way.
- Causation: The at-fault party’s breach of duty directly caused your loved one’s death.
- Damages: Your family and your loved one suffered damages due to the at-fault party’s actions that you can collect through the wrongful death claim.
You can prove each of these elements by gathering evidence such as medical records, surveillance footage, witness testimony, and photographs. If you need to prove technical elements such as the nature of your loved one’s injuries or how an act of malpractice resulted in death, your wrongful death attorney can enlist the help of expert witnesses. These experts, which may include medical professionals, accident reconstructionists, and economists, can validate your claims and provide testimony on your loved one’s behalf.
The Statute of Limitations for Missouri Civil Lawsuits
Like many civil lawsuits, wrongful death claims in Missouri must adhere to a deadline known as the statute of limitations. This statutory rule sets a time limit for filing claims against negligent parties. Statutes of limitations ensure that evidence is fresh, witnesses are reliable, and potentially liable parties are not constantly under the threat of litigation.
You have three years from the date of your loved one’s death to file a Missouri wrongful death lawsuit. If you do not file your claim by the time this deadline passes, the court will almost certainly dismiss your claim and you will lose your chance at seeking justice for your loved one. To ensure you meet the statute of limitations, speak to a wrongful death lawyer in Kansas City at Goza & Honnold, LLC to discuss your legal options and begin the litigation process.
Contact the Kansas City Wrongful Death Lawyers at Goza & Honnold, LLC Today
If you lost a loved one due to the negligence of another person, you can seek justice through a wrongful death lawsuit. Trust the wrongful death attorneys in Kansas City at Goza & Honnold, LLC to hold the at-fault party accountable and recover the compensation you and your family deserve.
Contact our truck accident lawyers in Kansas City today by calling 913-451-3433 or schedule a free consultation and discuss your legal options.