Have you recently suffered the loss of a close family member in an accident in Kansas City, Missouri? Call Cohen Law Firm to learn about your family’s legal rights and options. You may be entitled to compensation, but getting the money you deserve can be an uphill battle. Working with our experienced Kansas City wrongful death lawyers can help you maximize your recovery.
Don’t settle for less than what your wrongful death case is worth. Count on our respected legal team to make things right. Contact our Kansas City law office at (816) 323-0955 for a free consultation.
Why Choose Cohen Law Firm to Handle Your Wrongful Death Lawsuit in Kansas City, MO
Cohen Law Firm is led by nationally recognized trial attorney Zach Cohen, who boasts more than 7 years of experience handling high-stakes civil disputes. Client-focused representation and a consistent track record of success have earned him the title of Top 10 Personal Injury Attorney under 40 by the National Academy of Personal Injury Attorneys—twice.
We’re a small law firm that’s just as powerful as larger firms, where your case is likely to get lost in the shuffle. Not only will your wrongful death case get the attention and respect it deserves, but it’ll benefit from all of the resources our firm has to offer. Zach’s case results are clear, with tens of millions of dollars recovered.
Our Kansas City personal injury lawyers offer a free case review, so contact us for assistance today.
How Do I Know If I Have a Wrongful Death Case?
When you get hurt because someone else is negligent or violent, you may have the right to file a civil tort action to hold them accountable for your costs, injuries, and suffering. Filing a personal injury lawsuit helps to make you whole and discourages the at-fault party from engaging in the same type of behavior that caused you to get hurt in the future.
The right to sue isn’t lost just because an accident or criminal act is fatal. Instead, Missouri shifts the right to sue to another party. This is known as a wrongful death case.
Under state law, a wrongful death claim can exist if:
- A person’s death results from any act, conduct, occurrence, transaction, or circumstance, and
- That person would have had the right to file a personal injury claim if they’d lived.
The first element is fairly broad and can cover a lot of different circumstances. Typically, wrongful death lawsuits arise when a person’s death is the result of another person’s negligence, criminal acts, or default.
We Represent Clients in All Kinds of Wrongful Death Cases
At Cohen Law Firm, we represent clients in wrongful death cases when they’ve lost a family member because of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Train accidents
- Boating accidents
- Aviation accidents
- Defective products
- Dog bites
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect
- Assaults
- Sexual assault
You might have the right to pursue compensation in a wrongful death lawsuit if you’ve recently suffered the death of someone you care about because of one of these types of events.
Who Has the Right to File a Wrongful Death Lawsuit in Missouri?
In Missouri, the right to file a wrongful death lawsuit is typically reserved for a victim’s closest surviving family members.
Under state law, priority belongs to the victim’s:
- Spouse;
- Children, both natural and adopted; and/or
- Father or mother.
These are known as “class 1” parties.
If the victim was not survived by a spouse, child, or parent, then a sibling, niece, and/or nephew—known as “class 2” parties—could bring a wrongful death claim.
If the victim has no surviving family members of either class, the state permits a wrongful death action to be brought by a plaintiff ad litem. This is a party appointed by the court to file a claim on behalf of some other heir and/or the victim’s estate.
How Much Is My Kansas City Wrongful Death Case Worth?
A lot of different things will have to be considered when evaluating what your family’s wrongful death case is worth.
- How old was the victim at the time of their death?
- What was the victim’s income and earning capacity?
- Was the victim likely going to experience career growth that could increase their income and earning power?
- How did the victim support the family in non-monetary ways? (e.g., child care, elder care, managing the home)
- Did the victim share any responsibility for the act that caused their premature death?
- What type of insurance benefits are available?
- What was the nature of the relationship between the victim and the filing party?
Calculating damages in a wrongful death case can be quite complex. That’s why you shouldn’t hesitate to hire an experienced Kansas City wrongful death lawyer to represent you. You’ll benefit from the tools and resources required to investigate your loved one’s death, gather and analyze key pieces of evidence, and build a claim that clearly outlines your damages and forces the at-fault party to make you whole.
What Damages Can Be Awarded in a Wrongful Death Case?
Under Missouri law, plaintiffs in a wrongful death action can be awarded compensatory damages that are “fair and just for the death and loss thus occasioned.”
Put another way, you can recover both economic and non-economic damages for things like:
- Lost wages, income, benefits, and other financial support
- Funeral expenses
- The reasonable value of the services the victim provided
- Loss of consortium
- Loss of companionship, comfort, instruction, guidance, training, counsel, and support
For victims who were at least 50 percent responsible for caring for a minor or disabled person, but who were not employed full-time, compensation “ equal to one hundred and ten percent of the state average weekly wage” can be awarded to offset this loss of support.
Damages can also be awarded for any pain and suffering the victim experienced if they survived their fatal wounds, even if for just a few hours, before ultimately passing.
Can Shared Fault Affect My Family’s Missouri Wrongful Death Settlement?
Yes, Missouri’s pure comparative negligence rule applies to wrongful death cases. Under the state’s law, damages are awarded proportionately to a decedent’s shared fault. The more responsibility your family member is assigned for causing their fatal injuries, the less compensation your family will be able to recover through a related wrongful death claim.
Let’s say your spouse was killed in a car accident at a busy intersection in Kansas City. Your wrongful death claim is worth $4 million. However, your spouse is assigned half of the blame for the fatal car crash. As a result, your maximum settlement or jury award is now limited to $2 million, half of its initial value.
How Much Does It Cost to Hire a Kansas City Wrongful Death Lawyer?
When you choose Cohen Law Firm, there’s no out-of-pocket cost to hire a wrongful death lawyer in Kansas City, MO.
We represent our clients on a contingency fee basis. This means our fees are entirely dependent on the case results we achieve. You’ll only pay when we recover compensation for your wrongful death case.
When we win, our attorney fees are taken out of your financial recovery. You can usually expect an attorney to receive between 33 and 40 percent.
Is There a Statute of Limitations for Kansas City Wrongful Death Lawsuits?
In Missouri, most wrongful death lawsuits are subject to a three-year statute of limitations. This gives you until the third anniversary of your loved one’s passing to bring a legal claim against a negligent motorist, insurance company, manufacturer, property owner, or another liable party.
You lose the right to demand financial justice for your devastating loss if you miss the filing deadline. This is why it’s so important to speak to a personal injury lawyer as soon as possible.
Schedule a Free Case Review With a Trusted Kansas City Wrongful Death Attorney
You don’t have to navigate the aftermath of a loved one’s tragic death in Kansas City, Missouri, on your own. Call Cohen Law Firm, and our legal team will offer the guidance, support, and legal advocacy you need in your life right now.
Kansas City wrongful death attorney Zach Cohen is a skilled negotiator and fierce trial lawyer with a remarkable ability to win tough personal injury disputes. Over the course of his career, he’s helped clients win tens of millions in damages.
Contact our Kansas City law office to discover how we can help you fight for maximum compensation in your wrongful death case, too. Your first case review is free.