Wrongful Death Claims: How Families Can Seek Justice After a Tragic Loss in Kansas and Missouri
Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. The emotional pain, financial burden, and search for justice can feel overwhelming. In Kansas and Missouri, wrongful death claims provide a legal path for families to hold responsible parties accountable and seek compensation for their devastating loss.
If your family is facing this painful situation, understanding your rights and the legal process is crucial. Kendall Law Group is here to walk you through wrongful death claims in Kansas and Missouri, including who can file a claim, what compensation is available, the legal deadlines, and how an attorney can help.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or representatives of a deceased person whose death was caused by another party’s negligence, recklessness, or intentional wrongdoing. These claims seek compensation for the losses suffered due to the untimely death.
Key Elements of a Wrongful Death Claim
- Duty of Care – The defendant owed a duty of care to the deceased.
- Breach of Duty – The defendant acted negligently or wrongfully, breaching that duty.
- Causation – The defendant’s actions directly caused the death.
- Damages – The survivors suffered losses as a result of the death.
Common Causes of Wrongful Death Cases
Wrongful death claims can stem from various incidents, including:
✅ Car Accidents – Fatal crashes involving reckless, distracted, or impaired drivers.
✅ Medical Malpractice – Deaths caused by misdiagnosis, surgical errors, or medication mistakes.
✅ Nursing Home Neglect – Fatal injuries due to lack of proper care or abuse.
✅ Workplace Accidents – Construction, industrial, and railroad-related fatalities.
✅ Defective Products – Dangerous consumer goods, auto defects, or faulty medical devices.
✅ Premises Liability – Fatal injuries due to hazardous property conditions, such as slip and falls or fires.
Regardless of the cause, wrongful death laws in Kansas and Missouri offer a way for families to seek accountability and compensation.
Who Can File a Wrongful Death Claim in Kansas and Missouri?
Each state has specific laws outlining who can pursue a wrongful death lawsuit on behalf of the deceased.
Kansas (K.S.A. § 60-1902)
In Kansas, any heir at law can file a wrongful death claim. This typically includes:
- Spouse
- Children
- Parents
- Siblings
If multiple heirs are involved, the court will decide how to fairly distribute any awarded damages.
Missouri (RSMo § 537.080)
Missouri follows a tiered system to determine who can file:
1️⃣ First Priority – Spouse, children, or parents of the deceased.
2️⃣ Second Priority – If no immediate family exists, siblings or their descendants may file.
3️⃣ Third Priority – If no qualified family members are available, the court may appoint a plaintiff ad litem (a representative) to pursue the case.
Since eligibility can be complex, consulting with a wrongful death attorney in Kansas or Missouri is the best way to ensure your family has the legal right to file a claim.
What Compensation Can Families Recover in a Wrongful Death Lawsuit?
A wrongful death settlement can provide financial relief for both economic and non-economic losses. Compensation may include:
Economic Damages
✔ Medical Expenses – Costs incurred for medical treatment before death.
✔ Funeral & Burial Costs – Expenses for services, cremation, or burial.
✔ Lost Income & Benefits – The deceased’s earnings and financial support they would have provided.
Non-Economic Damages
✔ Loss of Companionship – The emotional toll of losing a loved one.
✔ Pain & Suffering – The physical and emotional pain the deceased endured.
Kansas Damage Limits
Kansas caps noneconomic damages (e.g., pain and suffering) at $250,000. However, economic damages (medical bills, lost wages) have no cap.
Missouri Damage Limits
Missouri generally does not cap damages, except in medical malpractice wrongful death cases, where non-economic damages are limited (adjusted yearly for inflation).
How Long Do You Have to File a Wrongful Death Lawsuit?
Each state enforces a statute of limitations, meaning families have a limited time to file a wrongful death claim:
📌 Kansas – 2 years from the date of death.
📌 Missouri – 3 years from the date of death.
Missing these deadlines can result in losing the right to seek compensation. Acting quickly is essential.
Proving Liability in a Wrongful Death Case
To win a wrongful death claim, your legal team must prove:
1️⃣ Duty of Care – The defendant had a responsibility to act safely (e.g., a driver must follow traffic laws).
2️⃣ Breach of Duty – They failed to uphold this duty (e.g., driving recklessly).
3️⃣ Causation – Their negligence directly caused the death.
4️⃣ Damages – The family suffered measurable financial and emotional losses.
Compelling evidence such as medical records, accident reports, witness statements, and expert testimony can strengthen your case.
Steps to Take After a Wrongful Death
If you suspect a wrongful death, taking the right steps can protect your family’s rights:
🔹 Obtain Medical Records & Death Certificate – Critical evidence for your case.
🔹 Collect Evidence – Photos, accident reports, and witness statements.
🔹 Track Financial Losses – Document medical bills, funeral expenses, and lost wages.
🔹 Avoid Insurance Companies Alone – They may offer a lowball settlement.
🔹 Consult a Wrongful Death Lawyer – Legal guidance ensures maximum compensation.
How a Wrongful Death Attorney Can Help
Managing a wrongful death case alone is challenging. A skilled attorney can:
✔ Investigate the Circumstances – Gather evidence and establish liability.
✔ Determine Compensation – Ensure fair calculation of damages.
✔ Negotiate with Insurance Companies – Fight for full and fair settlements.
✔ File the Lawsuit & Represent You in Court – If necessary, advocate aggressively for your rights.
Kansas City Wrongful Death Trial Attorneys
Losing a loved one is devastating, but you do not have to navigate the legal process alone. While no amount of money can replace your loved one, a wrongful death claim can provide financial stability and accountability.
If your family is considering legal action in Kansas or Missouri, our experienced, knowledgeable and aggressive trial lawyers are here to help. Contact Kendall Law Group for a free consultation by calling 📞(816) 531-3100 or reach out HERE.
Additional Resources
How to Know if You Have a Claim for Medical Malpractice
