Wrongful Death Damages
Missouri And Kansas Wrongful Death Damages
Folks in Kansas City straddle both Missouri and Kansas. So, it is not uncommon for people to be victimized by negligent acts that must take into consideration whether Kansas or Missouri law applies. When someone is killed as a result of the intentional or negligent acts of someone, either a Missouri or Kansas statute will govern how the case is conducted and proven. Contact our Kansas City wrongful death lawyers with any questions regarding wrongful death damages today.
Recent Case Results
SETTLEMENT – POLICY LIMITS
$21,000,000
SETTLEMENT – POLICY LIMITS
$21,000,000
Pedestrian Wrongful Death Lawsuit Resolves Before Trial
A multimillion-dollar settlement was reached in a lawsuit alleging the wrongful death of a pedestrian. The family filed the suit after the decedent was struck by a bus while walking in a pedestrian crosswalk.
Attorneys: Reed Martens, David Mayer
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SETTLEMENT – POLICY LIMIT
$2,100,000
SETTLEMENT – POLICY LIMIT
$2,100,000
Family Gets $2.1 Million After Driver Killed By Trailer Tire
A wrongful death claim pertaining to a man who perished in a traffic accident while on the job has been settled for $2.1 million.
Attorneys: Bobby Thrasher
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SETTLEMENT – POLICY LIMIT
$1,250,000
SETTLEMENT – POLICY LIMIT
$1,250,000
Family Gets $1.25 Million After Death of Man On Wheelchair
The family of a wheelchair-bound man who died after being struck by a Hummer will collect a $1.25 million settlement from the driver’s insurer.
Attorneys: Bobby Thrasher
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VERDICT – 5x POLICY LIMIT
$550,000
VERDICT – 5x POLICY LIMIT
$550,000
Jury Finds For Plaintiff in Kansas Driveway Crash
A 62-year-old Kansas woman whose vehicle was struck by another as she was pulling into her driveway won $550,000 in a case where liability was admitted but causation was contested.
Attorneys: Chip Lee, Reed Martens
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Personal Injury Attorney
If you’re searching for a dedicated personal injury lawyer, look no further than Monsees & Mayer. Our firm is built on three pillars: experience, relationships, and results.
Our Experience and Dedication to Get Results
Our Kansas City and Springfield personal injury attorneys have over 100 years of combined experience. We are passionate about representing individuals injured by the negligence of others. Our team has successfully handled numerous catastrophic injury settlement claims and can take a range of serious injury cases, including:
Personal Injury Attorney
If you’re searching for a dedicated personal injury lawyer, look no further than Monsees & Mayer, P.C. Our firm is built on three pillars: experience, relationships, and results.
Our Experience and Dedication to Get Results
Our Kansas City and Springfield personal injury attorneys have over 100 years of combined experience. We are passionate about representing individuals injured by the negligence of others. Our team has successfully handled numerous catastrophic injury settlement claims and can take a range of serious injury cases, including:
Economic Wrongful Death Damages
Both states recognize the recovery of economic wrongful death damages for income, medical expenses, funeral expenses and what are called “loss of services”, which recognizes the economic value that the decedent contributed to the household, such as cooking, handy-man repairs, cleaning, lawn work, and the like.
Missouri Wrongful Death Damages Cap
In most wrongful death cases, Missouri does not limit recovery. Only in medical malpractice cases resulting in wrongful death are damages capped. In all other wrongful death cases, the suffering of the survivors is left to the sound judgment of the jury. In medical malpractice cases, the limits for wrongful death recovery are $700,000. As in Kansas, however, a family member may recover what ever can be proved in economic losses.
Non-Economic Wrongful Death Damages
Non-economic wrongful death damages are similarly defined in both states, although in Missouri, grief and bereavement are not recoverable damages. In Missouri, proper consideration is given to the loss of consortium, companionship, comfort, guidance, and counsel. In Kansas, damages for mental anguish and bereavement are allowed. Although some of the following are capable of consideration as economic losses in Kansas, the Kansas statute recognizes all of the following as proper wrongful death damages:
- Mental anguish, suffering or bereavement;
- loss of society, companionship, comfort or protection;
- loss of marital care, attention, advice or counsel;
- loss of filial care or attention;
- loss of parental care, training, guidance or education.
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Wrongful Death Survivors Damages
Both states also recognize the ability to file a lawsuit for what are called “survivors damages.” These are the wrongful death damages suffered by the decedent between the onset of injury and death, such as if the decedent survived for days or weeks before passing. Even a few moments of “conscious pain and suffering” can be the subject of a survivors claim.
In Missouri, the process is easier, because the wrongful death statute allows family members to claim the survivors’ damages within the same lawsuit. In Kansas, however, a separate claim must be made by the survivor’s estate to recover such damages. A limited estate naming a representative of the estate must be opened. That representative will make the claims for the survivor, and if there is a successful recovery, the judgment will be distributed in accordance with intestate succession. Intestate succession is how the assets of a decedent are passed to heirs in the event the decedent passes without a will.
Our attorney and shareholder, Bobby Thrasher, explains the main difference between a wrongful death action and a survival action in Missouri:
Recovering Wrongful Death Damages
If someone in your family has passed away and you are attempting to file a wrongful death lawsuit, it is wise to seek the services of a personal injury attorney. Wrongful death lawsuits and the accompanying damages are not like most other personal injury lawsuits. There are unique damages and only certain people are allowed to even pursue such a lawsuit. An attorney with specific experience in this unique type of case will be able to review the case and determine whether the accident warrants recoverable losses. They can also provide aggressive representation for the injured party to ensure their family receives the justice deserved.
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- Bobby Thrasher