the Monsees and Mayer team together

Losing a loved one due to the negligence, misconduct, or wrongful actions of another party is a profoundly distressing experience. In such difficult times, understanding your rights, the legal process, and the options available to you is essential. Wrongful death cases can be challenging, and each case comes with its own unique circumstances.

This FAQ page is designed to provide you with essential information about wrongful death cases. It is highly recommended that you seek the guidance of an experienced attorney to address the specifics of your situation.

If you have additional questions or need personal assistance, contact us and consult with an attorney who specializes in wrongful death cases. We will ensure your rights are protected and your case is handled with care and expertise.

Wrongful Death Frequently Asked Questions

General Wrongful Death FAQs

What is wrongful death?

Wrongful death occurs when a person’s life is prematurely and unlawfully ended due to the negligent actions of another party. Wrongful death can occur anywhere, such as in a car accident, at a workplace, or from a defective product. There must be proven causation between the actions of a party and the death of the victim. Surviving family members are entitled to seek compensation for their loss and the damages suffered.

LEARN MORE ABOUT WRONGFUL DEATH

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit that is filed when a death is caused by negligent actions of another party. These claims are typically filed by surviving family members of the deceased. The purpose of a wrongful death claim for the surviving family to seek compensation for the death of their loved one and the damages the death may have caused.

Is there a time limit on filing a wrongful death lawsuit?

Yes. This time limit is known as the statute of limitations. It is designed to ensure that legal actions are filed in a timely manner and while evidence is still readily available. The statute of limitations can vary by jurisdiction.

In Missouri, you typically have three years from the date of the death to initiate a wrongful death claim.

In Kansas, you generally have two years to file a wrongful death claim from the date of the death.

Failing to file a claim within this time frame can result in the loss of your right to pursue a wrongful death claim. Consult with an attorney who specializes in these types of cases to discuss the specifics of your case. There may be unique factors related to your case that can affect the time limit for filing a lawsuit.

How can a wrongful death lawyer help?

Wrongful death cases tend to be complex and full of unique circumstances. A wrongful death lawyer can provide essential assistance and support when dealing with the legal aspects. For example, a wrongful death lawyer can help with the investigation, determining liability, calculating damages, negotiation of a resolution, and more.

A wrongful death attorney can also help with emotional support. Wrongful death attorneys know how emotionally challenging these cases can be. An attorney can provide support, understanding, and guidance during this difficult time. A wrongful death attorney will provide you the advocacy you need and ensure you receive fair compensation for your loss.

Who can file a lawsuit for wrongful death?

The individuals who can file a wrongful death lawsuit can vary by jurisdiction. The specific circumstances of each case can impact who can file a lawsuit. Below is listed who in general has the legal standing to file a claim in Missouri and Kansas.

In Missouri, a wrongful death lawsuit can be filed by:

  • Spouse
  • Children
  • Parents
  • Siblings

LEARN MORE ABOUT WHO CAN FILE FOR WRONGFUL DEATH IN MISSOURI

In Kansas, a wrongful death lawsuit can be filed by:

  • Spouse
  • Children
  • Parents

LEARN MORE ABOUT WHO CAN FILE FOR WRONGFUL DEATH IN KANSAS

Wrongful Death Case FAQs

Who can be sued in a wrongful death lawsuit?

Individuals who have contributed to the death through their negligence, intentional actions, or other wrongful acts can be sued. The defendant of each case varies depending on the circumstances of that case. Some common parties that may be sued include employers, property owners, intoxicated or impaired individuals, or manufacturers of unsafe products.

The facts of each case are unique and can impact who can be sued. In some cases, there may be multiple parties at fault. Consult with an attorney to discuss your case and determine appropriate parties to include as defendants.

LEARN MORE ABOUT WHO PAYS IN A WRONGFUL DEATH LAWSUIT

How long does a wrongful death lawsuit take?

Factors such as settlement negotiations, court’s schedules, and the overall complexity of the case can affect the duration of a wrongful death lawsuit. In some cases, settlements may be reached relatively quickly. More complex cases may go to trial and take longer. Wrongful death cases can take anywhere from several months to several years. Therefore, it is difficult to provide an exact timeline. The best way to estimate the duration of a wrongful death lawsuit is to consult with an attorney. A wrongful death attorney can use their experience and expertise to look at the unique circumstances of your case and the legal process in your jurisdiction to provide a more accurate timeline.

LEARN MORE ABOUT THE LENGTH OF A WRONGFUL DEATH CASE

What damages can be pursued in a wrongful death lawsuit?

In a wrongful death lawsuit, there are two main categories of damages that can be pursued.

  1. Economic damages:
    1. Medical expenses
    2. Funeral and burial expenses
    3. Loss of financial support
  2. Non-Economic damages:
    1. Pain and suffering
    2. Loss of companionship
    3. Loss of consortium
    4. Emotional distress

The types and amounts of damages an individual can pursue depend on the unique circumstances of their case. Work with an attorney to evaluate the damages that may be pursued and secure fair compensation.

LEARN MORE ABOUT WHAT DAMAGES ARE ALLOWED IN A WRONGFUL DEATH CASE

What do you have to prove in a wrongful death claim?

In a wrongful death claim, there are key elements the plaintiff needs to prove to establish their case.

  1. It must be proven the defendant had a duty of care to the victim and had an obligation to prevent harm to the deceased.
  2. There must be proof the defendant breached their duty of care through negligent, reckless, or intentional actions.
  3. It must be demonstrated that the defendants breach of duty and the death were directly linked.
  4. There needs to be proven significant damages for the victims and their family.

LEARN MORE ABOUT PROVING WRONGFUL DEATH

Wrongful Death Attorneys

Compassionate and experienced, our wrongful death attorneys are here to guide you through challenging times. When tragedy strikes, seeking justice for your loved one becomes paramount. Learn how our dedicated legal team can provide support and advocate for your rights in the pursuit of compensation.

Wrongful Death Resources

the Monsees and Mayer team together

Losing a loved one due to the negligence, misconduct, or wrongful actions of another party is a profoundly distressing experience. In such difficult times, understanding your rights, the legal process, and the options available to you is essential. Wrongful death cases can be challenging, and each case comes with its own unique circumstances.

This FAQ page is designed to provide you with essential information about wrongful death cases. It is highly recommended that you seek the guidance of an experienced attorney to address the specifics of your situation.

If you have additional questions or need personal assistance, contact us and consult with an attorney who specializes in wrongful death cases. We will ensure your rights are protected and your case is handled with care and expertise.

Wrongful Death Attorney

Compassionate and experienced, our wrongful death attorneys are here to guide you through challenging times. When tragedy strikes, seeking justice for your loved one becomes paramount. Learn how our dedicated legal team can provide support and advocate for your rights in the pursuit of compensation.

Wrongful Death Frequently Asked Questions

General Wrongful Death FAQs

What is wrongful death?

Wrongful death occurs when a person’s life is prematurely and unlawfully ended due to the negligent actions of another party. Wrongful death can occur anywhere, such as in a car accident, at a workplace, or from a defective product. There must be proven causation between the actions of a party and the death of the victim. Surviving family members are entitled to seek compensation for their loss and the damages suffered.

LEARN MORE ABOUT WRONGFUL DEATH

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit that is filed when a death is caused by negligent actions of another party. These claims are typically filed by surviving family members of the deceased. The purpose of a wrongful death claim for the surviving family to seek compensation for the death of their loved one and the damages the death may have caused.

Is there a time limit on filing a wrongful death lawsuit?

Yes. This time limit is known as the statute of limitations. It is designed to ensure that legal actions are filed in a timely manner and while evidence is still readily available. The statute of limitations can vary by jurisdiction.

In Missouri, you typically have three years from the date of the death to initiate a wrongful death claim.

In Kansas, you generally have two years to file a wrongful death claim from the date of the death.

Failing to file a claim within this time frame can result in the loss of your right to pursue a wrongful death claim. Consult with an attorney who specializes in these types of cases to discuss the specifics of your case. There may be unique factors related to your case that can affect the time limit for filing a lawsuit.

How can a wrongful death lawyer help?

Wrongful death cases tend to be complex and full of unique circumstances. A wrongful death lawyer can provide essential assistance and support when dealing with the legal aspects. For example, a wrongful death lawyer can help with the investigation, determining liability, calculating damages, negotiation of a resolution, and more.

A wrongful death attorney can also help with emotional support. Wrongful death attorneys know how emotionally challenging these cases can be. An attorney can provide support, understanding, and guidance during this difficult time. A wrongful death attorney will provide you the advocacy you need and ensure you receive fair compensation for your loss.

Who can file a lawsuit for wrongful death?

The individuals who can file a wrongful death lawsuit can vary by jurisdiction. The specific circumstances of each case can impact who can file a lawsuit. Below is listed who in general has the legal standing to file a claim in Missouri and Kansas.

In Missouri, a wrongful death lawsuit can be filed by:

  • Spouse
  • Children
  • Parents
  • Siblings

LEARN MORE ABOUT WHO CAN FILE FOR WRONGFUL DEATH IN MISSOURI

In Kansas, a wrongful death lawsuit can be filed by:

  • Spouse
  • Children
  • Parents

LEARN MORE ABOUT WHO CAN FILE FOR WRONGFUL DEATH IN KANSAS

Wrongful Death Case FAQs

Who can be sued in a wrongful death lawsuit?

Individuals who have contributed to the death through their negligence, intentional actions, or other wrongful acts can be sued. The defendant of each case varies depending on the circumstances of that case. Some common parties that may be sued include employers, property owners, intoxicated or impaired individuals, or manufacturers of unsafe products.

The facts of each case are unique and can impact who can be sued. In some cases, there may be multiple parties at fault. Consult with an attorney to discuss your case and determine appropriate parties to include as defendants.

LEARN MORE ABOUT WHO PAYS IN A WRONGFUL DEATH LAWSUIT

How long does a wrongful death lawsuit take?

Factors such as settlement negotiations, court’s schedules, and the overall complexity of the case can affect the duration of a wrongful death lawsuit. In some cases, settlements may be reached relatively quickly. More complex cases may go to trial and take longer. Wrongful death cases can take anywhere from several months to several years. Therefore, it is difficult to provide an exact timeline. The best way to estimate the duration of a wrongful death lawsuit is to consult with an attorney. A wrongful death attorney can use their experience and expertise to look at the unique circumstances of your case and the legal process in your jurisdiction to provide a more accurate timeline.

LEARN MORE ABOUT HOW LONG A WRONGFUL DEATH LAWSUIT TAKES

What damages can be pursued in a wrongful death lawsuit?

In a wrongful death lawsuit, there are two main categories of damages that can be pursued.

  1. Economic damages:
    1. Medical expenses
    2. Funeral and burial expenses
    3. Loss of financial support
  2. Non-Economic damages:
    1. Pain and suffering
    2. Loss of companionship
    3. Loss of consortium
    4. Emotional distress

The types and amounts of damages an individual can pursue depend on the unique circumstances of their case. Work with an attorney to evaluate the damages that may be pursued and secure fair compensation.

LEARN MORE ABOUT WHAT DAMAGES ARE ALLOWED IN A WRONGFUL DEATH CASE

What do you have to prove in a wrongful death claim?

In a wrongful death claim, there are key elements the plaintiff needs to prove to establish their case.

  1. It must be proven the defendant had a duty of care to the victim and had an obligation to prevent harm to the deceased.
  2. There must be proof the defendant breached their duty of care through negligent, reckless, or intentional actions.
  3. It must be demonstrated that the defendants breach of duty and the death were directly linked.
  4. There needs to be proven significant damages for the victims and their family.

LEARN MORE ABOUT HOW YOU PROVE WRONGFUL DEATH

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"This team was absolutely amazing. David and Glad handled everything with my case with caution and kindness. I honestly couldn’t have asked for a better team to be working on my case and make me feel better about it. If you are looking for an attorney that will work harder for you than you could have asked for, I would absolutely recommend them. I looked into about 15 attorneys until I stumbled across David and I couldn’t have made a better decision going with him! 100/10"

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No one should fight for their rightful recovery and justice alone.

Contact us today to discuss your case.

Contact Us - Sexual Abuse Page
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