Wrongful Death Attorney
At the Chris Benjamin Law Firm, we understand how devastating it is to lose a loved one due to someone else’s negligence. Serving families in Missouri and Kansas, we provide compassionate counsel and expert legal representation to guide you through wrongful death claims. These claims are legal actions brought by surviving family members when someone’s death results from another party’s negligence, recklessness, or intentional misconduct. Common causes include motor vehicle accidents, medical malpractice, workplace accidents, and defective products.
Who Can File Wrongful Death Claims in Kansas and Missouri?
Wrongful death claims can only be filed by eligible individuals, as determined by state law, which varies between Missouri and Kansas. In Missouri, the law prioritizes immediate family members, such as the deceased’s spouse, children (biological or adopted), and parents. If none survive, siblings or their descendants may file. If no relatives are eligible, a plaintiff ad litem – a representative appointed by the court to act on behalf of the deceased’s estate – may be designated to file the claim. In Kansas, any heir at law, legally entitled to inherit under Kansas intestacy laws, may file. This typically includes the spouse, children, parents, or other close relatives who suffered a direct loss.
Types of Recoverable Damages
Wrongful death damages fall into two categories: pecuniary damages (financial losses) and non-pecuniary damages (emotional and intangible losses). While both Missouri and Kansas allow families to recover these damages, the laws governing their recoverability differ between the two states. Having legal representation that understands these distinctions is essential to ensure your claim seeks the full compensation allowed under state law.
Pecuniary Damages
- Medical expenses incurred before the death.
- Funeral and burial costs.
- Loss of income or financial support.
Non-Pecuniary Damages
- Pain and suffering caused by the loss.
- Loss of companionship and partnership.
- Loss of care, comfort, and protection.
Statute of Limitations
The statute of limitations establishes the time frame within which a wrongful death lawsuit must be filed, and these time limits differ between Missouri and Kansas. Acting within the prescribed period is critical, as failing to do so can result in the forfeiture of your right to pursue compensation. Each state has specific deadlines, so understanding the applicable laws for your case is essential. Consulting an experienced attorney promptly ensures your claim is filed on time and that your rights are fully protected.
Navigating the Legal Process
Navigating the wrongful death process begins with a consultation to evaluate your case, followed by an investigation to gather evidence such as medical records and witness statements. Once the claim is filed, negotiations with the responsible party or insurer often take place, and if a fair settlement cannot be reached, litigation may be necessary to secure proper compensation. At the Chris Benjamin Law Firm, we bring extensive experience handling wrongful death cases across Missouri and Kansas. We understand the emotional and financial toll such a loss takes and provide personalized, empathetic, and aggressive representation to guide you through this challenging time.
Free Consultation with a Wrongful Death Attorney
If you or a family member is considering pursuing a wrongful death claim, you should absolutely hire an experienced wrongful death attorney. An experienced attorney, like Chris Benjamin, can help you to navigate the claims process and get the compensation that you and your family deserve. Contact the Chris Benjamin Law Firm by calling 816-425-2420 / 913-340-9544 or by navigating to our contact page for a free consultation to find out how we can help you. We will work with you and your family to recover the compensation you deserve. Get an attorney to fight for you.