Securing Justice for Your Loved Ones: Expert Wrongful Death Attorneys at SRC Law Group

A wrongful death claim may arise out of a number of circumstances, they may include:

• Automobile accidents;
• Bicycle accidents;
• Criminal acts (i.e. battery and murder);
• Death during a supervised activity;
• Defective products;
• Dog attacks;
• Medical malpractice;
• Motorcycle accidents;
• Pedestrian accidents;
• Premises Liability (Slip and Fall);
• Semi Truck accidents;
• Violent or intentional acts;
• Many others.

In a wrongful death claim, plaintiffs seek damages for their own losses, such as loss of companionship, emotional distress, and financial hardship caused by the loss of the deceased.

In contrast, typical personal injury claims are filed by the injured person (or their representative if the injury is severe) and seek compensation for the injured person's losses, such as medical expenses, pain and suffering, and lost wages.

Let's consider a couple of real-life examples to illustrate the concept of wrongful death:

• A construction company fails to properly secure a worksite, resulting in a passerby being struck and killed by falling debris. The family of the deceased could file a wrongful death lawsuit against the construction company for failing to maintain a safe environment.

• A patient dies due to a severe allergic reaction after a doctor administers a medication without checking the patient's medical history for allergies. The patient's family could potentially bring a wrongful death suit against the doctor or the medical practice for negligence.

In both of these examples, the negligent party had a duty of care towards the deceased. Their failure to uphold this duty resulted in death, giving rise to a potential wrongful death claim.

The exact regulations can vary, but generally, the following individuals may be able to file a wrongful death claim:

In Kansas
In Kansas, according to the Kansas Statutes Section 60-1902, the following parties can file a wrongful death lawsuit:

• The deceased's surviving spouse.
• The deceased's surviving children or grandchildren.
• The deceased's surviving parents or siblings.

In Kansas, if none of these individuals exist or choose to file a wrongful death claim, the court may appoint a special administrator to do so.

In Missouri
In Missouri, the Missouri Revised Statutes Section 537.080 outlines a specific order for who can file a wrongful death claim:

1. The spouse, children, or grandchildren of the deceased have the right to file a wrongful death claim.
2. If there are no surviving spouse, children, or grandchildren, then the deceased's parents may file the claim.
3. If none of these relatives are alive, then a sibling or their children may file the claim.
4. If the deceased has no surviving spouse, children, grandchildren, parents, siblings, or nephews or nieces, a plaintiff ad litem may be appointed by the court to bring the wrongful death lawsuit.

In a wrongful death case, "damages" is the legal term for the money awarded to the plaintiff (the person filing the lawsuit). There are generally three types of damages that can be awarded in a wrongful death case:

1. Economic Damages: These include quantifiable monetary losses caused by the death. Examples include

   • medical and funeral expenses,
   • loss of the deceased's expected earnings,
   • loss of benefits like pension plans or medical coverage,
   • and the value of goods and services that the deceased would have provided.

2. Non-Economic Damages: These include non-monetary losses that are more challenging to assign a specific financial value. They could include mental anguish, pain and suffering, loss of companionship, and loss of consortium.

3. Punitive Damages: These are damages awarded to punish the defendant for particularly reckless or negligent behavior. They're not available in all states or in all cases, but are available in both Kansas and Missouri. Punitive damages can significantly increase the total damage award.

The "statute of limitations" refers to the period during which you must file a lawsuit. If you don't file the lawsuit within this period, you lose your right to sue. The time limit varies from state to state and can depend on the specifics of the case.

In Kansas, the statute of limitations for wrongful death cases is generally two years from the date of the death.

In Missouri, the statute of limitations for wrongful death claims is typically three years from the date of the death.

However, there can be exceptions or nuances to these general rules depending on the specific circumstances of a case.

The clock typically starts ticking on the date of the person's death. However, if the person's death wasn't immediately linked to another party's action, the clock might start on the "discovery date" — the day the person filing the suit knew or should have known of the cause of death.

If you believe you have a wrongful death claim, it's crucial to consult with our knowledgeable attorneys as soon as possible.

Once enough evidence has been collected, the next step is to file a lawsuit against the party or parties responsible for the death. This lawsuit is typically filed in the state where the death occurred and includes:

• A summary of the facts and arguments that make up the basis of the claim
• Identification of all defendants
• An outline of the damages being sought

After the lawsuit is filed and the defendants have been served, the discovery phase begins. This period allows both sides to exchange information related to the lawsuit. During this time, both sides will:

• Request documents
• Take depositions
• File and respond to interrogatories (written questions that must be answered under oath)

Following the discovery phase, settlement negotiations typically occur. Here, both sides will discuss the possibility of reaching an agreement without going to trial. This phase can involve:

• Direct negotiations between attorneys
• Mediation sessions involving a neutral third party
• Non-binding arbitration

If a settlement cannot be reached, the case will go to trial. During the trial, both sides will present their case, and a judge or jury will ultimately decide the outcome. The stages of a trial include:

1. Jury selection
2. Opening statements
3. Presentation of evidence and witness testimony
4. Closing arguments
5. Jury deliberation and verdict

Throughout the process, the evidence required in a wrongful death case can vary but will typically include

• medical records,
• eyewitness testimonies,
• expert witness testimonies,
• and proof of financial losses.

The evidence must support the claim that the defendant's negligence or intentional action resulted in the wrongful death, and that the plaintiff suffered damages as a result.

The importance of legal representation in a wrongful death lawsuit cannot be overstated. Our experienced attorneys can guide you through the complexities of the legal system, ensure all necessary procedures are followed, negotiate on your behalf during settlement discussions, and represent your interests in court if necessary.

It is important to call us as soon as possible to ensure your rights are protected and to improve your chances of securing the maximum compensation you are entitled to under the law.

Our approach to maximizing compensation starts with a thorough evaluation of the case. We meticulously analyze all the details, collect and assess all relevant evidence, and identify all possible sources of liability and insurance coverage. This rigorous analysis allows us to build a strong case aimed at securing the highest possible compensation for our clients.

In addition, we work closely with a network of experts, including medical professionals, accident reconstruction experts, and financial consultants, among others. These professionals provide invaluable insights that help us quantify the damages accurately, taking into account current and future medical expenses, loss of income, pain and suffering, and other related costs.

Several factors can influence the amount of compensation in a wrongful death case. These factors include the deceased's income at the time of death, their future earning potential, the number of dependents, the nature and severity of negligence involved, and the extent of the non-economic damages such as pain and suffering, loss of companionship, and emotional distress among others.

Moreover, the presence of multiple liable parties, the existence of caps on certain types of damages, and the state's specific wrongful death laws can also influence the compensation amount. We navigate these complexities to ensure our clients receive the rightful compensation they are entitled to.

Once we have a comprehensive understanding of the case and a clear assessment of the damages, we begin negotiations with insurance companies and opposing counsel. Insurance companies often attempt to minimize their payouts, but our experienced team is skilled at countering their tactics.

We prepare every case as if it's going to trial, which often encourages insurance companies to offer fair settlements. However, if the settlement offer is not satisfactory, we are ready and willing to take the case to court to ensure justice is served. Our record of successful verdicts often lends credibility to our negotiation efforts, promoting more favorable settlement terms.

In all aspects, SRC Law Group is dedicated to ensuring that our clients receive the maximum compensation they deserve in wrongful death cases. Our detailed approach, rigorous analysis, and strategic negotiation tactics work together to secure the best possible outcome for our clients. We understand the immense loss you've endured, and we're committed to helping alleviate the financial burden associated with your loved one's untimely passing.