Why Hire a Wrongful Death Attorney?

Wrongful death cases are not like other injury cases. Since the person injured is no longer with us, the families bring the case to seek compensation. The family can seek damages for their loss. This can include financial, emotional and psychological aspects. Our wrongful death lawyers at Monsees & Mayer assist families seeking compensation for the loss of their loved ones. Our experienced attorneys:

  • Look at the financial, emotional and psychological effects on families
  • Look at the value of lost income and the damage to the family
  • Review the unique ways the statutes define grief, loss, and emotional pain and suffering the family has experienced
  • Work closely with investigators, accident reconstruction experts, and other specialists in engineering, manufacturing, forensics, and medicine

Areas We Serve:

Our wrongful death attorneys can assist you with this and help you move forward with your life. We have offices located in:

Our attorneys routinely travel to meet with clients and potential clients who are unable to meet at our offices in the following metropolitan areas and their surrounding cities and towns:

Joplin, Columbia, St Joseph, Liberty, Jefferson City & Cape Girardeau in Missouri; Overland Park, Wichita & Topeka in Kansas; Fayetteville, Springdale, Rogers, Bentonville & Bella Vista in Arkansas.

Why Hire a Wrongful Death Attorney?

Wrongful death cases are not like other injury cases. Since the person injured is no longer with us, the families bring the case to seek compensation. The family can seek damages for their loss. This can include financial, emotional and psychological aspects. Our wrongful death lawyers at Monsees & Mayer assist families seeking compensation for the loss of their loved ones. Our experienced attorneys:

  • Look at the financial, emotional and psychological effects on families
  • Look at the value of lost income and the damage to the family
  • Review the unique ways the statutes define grief, loss, and emotional pain and suffering the family has experienced
  • Work closely with investigators, accident reconstruction experts, and other specialists in engineering, manufacturing, forensics, and medicine

Areas We Serve:

Our wrongful death attorneys can assist you with this and help you move forward with your life. We have offices located in:

Our attorneys routinely travel to meet with clients and potential clients who are unable to meet at our offices in the following metropolitan areas and their surrounding cities and towns:

Joplin, Columbia, St Joseph, Liberty, Jefferson City & Cape Girardeau in Missouri; Overland Park, Wichita & Topeka in Kansas; Fayetteville, Springdale, Rogers, Bentonville & Bella Vista in Arkansas.

Wrongful Death Resources

Frequently Asked Questions

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members or representatives of a deceased person against the party or parties believed to be responsible for the death.

A wrongful death lawsuit is very similar to one for personal injury. The difference is the attorney filing a lawsuit must consider the law’s details.  Just as in a personal injury case, the attorney must prove there was an event that caused the result. This could be cases involving an automobile accident, product liability, etc. Also, when filing the lawsuit, specific allegations must be made to comply with the applicable wrongful death statutes.

What Are Wrongful Death Lawsuits?

A wrongful death lawsuit is a legal action brought by the surviving family members or representatives of a deceased person against the party or parties believed to be responsible for the death.

A wrongful death lawsuit is very similar to one for personal injury. The difference is the attorney filing a lawsuit must consider the law’s details. When filing the lawsuit, specific allegations must be made to comply with the applicable wrongful death statutes.

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What is the Statute of Limitations on Wrongful Death?

In Kansas:

  • Wrongful death has a time limit of two years from the date of death.
  • The time limit can begin to run from the date of the wrongful act, rather than the date of the death.

In Missouri:

  • The statute of limitations for wrongful death claims is three years.
  • If the death was a result from medical malpractice, there is a cause of action for “lost chance of survival”. It must be filed within two years of the date the malpractice occurred.

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What is the Statute of Limitations For Wrongful Death?

In Kansas:

  • Wrongful death has a time limit of two years from the date of death.
  • The time limit can begin to run from the date of the wrongful act, rather than the date of the death.

In Missouri:

  • The statute of limitations for wrongful death claims is three years.
  • If the death was a result from medical malpractice, there is a cause of action for “lost chance of survival”. It must be filed within two years of the date the malpractice occurred.

Wrongful Death Case Results

Who Are the Beneficiaries in Wrongful Death?

Missouri

Most commonly, the surviving spouse, children, or parents of the deceased would pursue the case.  In some circumstances, when there are no surviving members of that “class” of people, siblings can pursue the case.  The list of the who can bring a cause of action for wrongful death in Missouri is in RSMo 537.080:

  • Children
  • Spouses
  • Parents
  • Siblings
  • Other Proper Parties

The damages awarded in a wrongful death lawsuit in Missouri are typically distributed to the surviving family members. The amount of compensation distributed is based on the family members relationship with the victim and the extent of their losses.

Kansas

In Kansas, any family member who is close and suffered because of the loss can file a lawsuit. If the family member believes they were harmed by the death, they can still get involved despite if they didn’t join initially. The lawsuit is meant to help all affected family members, even if not all of them takes part. KSA 60-1902 explains the amount of money each person receives.

Kansas’ Definition of “Heir”

In a wrongful death case in Kansas, an “heir” refers to a person who is closely related to the deceased individual. Also, this person could inherit the deceased’s property or assets according to the state’s laws regarding inheritance. These heirs include:

  • Surviving Spouse
  • Children
  • Parents
  • Dependents 

Kansas can be more complex than Missouri, due to factors like a will, the family structure, or other unique circumstances.

Who Are the Beneficiaries in a Wrongful Death?

Missouri

The list of the who can bring a cause of action for wrongful death in Missouri is in RSMo 537.080:

  • Children
  • Spouses
  • Parents
  • Siblings
  • Other Proper Parties

The amount of compensation distributed is based on the family members relationship with the victim and the extent of their losses.

Kansas

In Kansas, any family member who is close and suffered because of the loss can file a lawsuit, even if they didn’t join initially.  KSA 60-1902 explains the amount of money each person receives:

Kansas’ Definition of “Heir”

In a wrongful death case in Kansas, an “heir” refers to a person who is closely related to the deceased individual. These heirs include:

  • Surviving Spouse
  • Children
  • Parents
  • Dependents 

Kansas can be more complex than Missouri, due to factors like a will, the family structure, or other unique circumstances.

Pursuing a Survival Action

There are some things to take into consideration in the case the victim’s death was not instant:

  1. The length of the survival period
  2. Was there a personal injury lawsuit pursued by the victim before their wrongful death for the same incident?
  3. One must prove the event or action caused the death and gather evidence to prove the damages.
  4. The wrongful death claim meets the statute of limitation.

The legal process could become more complex if the victim survived for some time before their wrongful death. For that reason, it is important to contact an experienced attorney who can assist you with the unique circumstances of these cases.

Pursuing a Survival Action

There are some things to take into consideration in the case the victim’s death was not instant:

  1. The length of the survival period
  2. Was there a personal injury lawsuit pursued by the victim before their wrongful death for the same incident?
  3. One must prove the event or action caused the death and gather evidence to prove the damages.
  4. The wrongful death claim meets the statute of limitation.

The legal process could become more complex if the victim survived for some time before their wrongful death. For that reason, it is important to contact an experienced attorney who can assist you with the unique circumstances of these cases.

Who is Responsible for Paying for Damages?

The party responsible for paying damages in a wrongful death case can vary depending on the circumstances of the situation. Specific details of the case, applicable laws, and liability insurance all are factors determining who will pay in each case.

  1. In cases of an individual causing a wrongful death due to negligent actions:
    • Their liability insurance may cover the damages.
  2. In situations where a business or an employer led to a death:
    • The business’ liability insurance or worker’s compensation may cover the damages.
  3. If a defective product caused the wrongful death:
    • The manufacturer or retailer may be held responsible.
  4. In cases where more than one party is responsible for the death:
    • Liability may be paid by multiple defendants.

Who is Responsible for Paying Damages?

The party responsible for paying damages in a wrongful death case can vary depending on the circumstances of the situation. Specific details of the case, applicable laws, and liability insurance all are factors determining who will pay in each case.

  1. In cases of an individual causing a wrongful death due to negligent actions:
    • Their liability insurance may cover the damages.
  2. In situations where a business or an employer led to a death:
    • The business’ liability insurance or worker’s compensation may cover the damages.
  3. If a defective product caused the wrongful death:
    • The manufacturer or retailer may be held responsible.
  4. In cases where more than one party is responsible for the death:
    • Liability may be paid by multiple defendants.

The Duration of a Wrongful Death Lawsuit

There is no fixed timeline of a wrongful death case. Based on many factors, these cases can take months to several years to reach a resolution. Wrongful death cases tend to be complex and require extensive preparation, such as gathering evidence, interviewing witnesses and more. Our wrongful death attorneys are experienced in managing the wrongful death process efficiently. We can help maximize your compensation and minimize any unnecessary delays in the process.

The Duration of Wrongful Death Lawsuits

There is no fixed timeline of a wrongful death case. Based on many factors, these cases can take months to several years to reach a resolution. Wrongful death cases tend to be complex and require extensive preparation, such as gathering evidence, interviewing witnesses and more. Our wrongful death attorneys are experienced in managing the wrongful death process efficiently. We can help maximize your compensation and minimize any unnecessary delays in the process.

Compensation for a Wrongful Death Case

It is difficult to determine the exact amount of a wrongful death case. Many factors are taken into consideration based on the circumstances of each case, as well as the damages involved. As mentioned in our “Exploring Factors That Determine Compensation in Wrongful Death” blog, damages in these cases fall into two categories.

  1. Economic Damages: These are damages that are considered a quantifiable financial loss. Such as medical expenses, funeral costs, or lost income.
  2. Non-Economic Damages: These are damages that are more challenging to quantity. Surviving family members may experience pain and suffering or emotional distress and can be compensated.

Other factors can influence the value of the case, such as:

  • Liability
  • Age
  • Heath
  • Insurance coverage
  • Where the case is located

Our wrongful death attorneys can help assess the factors of your case, and work to maximize the compensation you deserve.

Compensation in a Wrongful Death Case

It is difficult to determine the exact amount of a wrongful death case. Many factors are taken into consideration based on the circumstances of each case, as well as the damages involved. As mentioned in our “Exploring Factors That Determine Compensation in Wrongful Death” blog, damages in these cases fall into two categories.

  1. Economic Damages: These are damages that are considered a quantifiable financial loss. Such as medical expenses, funeral costs, or lost income.
  2. Non-Economic Damages: These are damages that are more challenging to quantity. Surviving family members may experience pain and suffering or emotional distress and can be compensated.

Other factors can influence the value of the case, such as:

  • Liability
  • Age
  • Heath
  • Insurance coverage
  • Where the case is located

Our wrongful death attorneys can help assess the factors of your case, and work to maximize the compensation you deserve.

What is the Burden of Proof for Wrongful Death?

The only unique feature of proving wrongful death are the damages unique to wrongful death. Otherwise, a wrongful death case and the proof required does not vary from what is proven in an injury lawsuit. If death occurred as a result of a car accident, one still must prove the elements of a car accident case. However, proof of such a case, absent death, does not require the same proof as a wrongful death case does. For wrongful death, the following must be proven:

  • Funeral expenses
  • Medical expenses
  • A lifetime of a loss of a relationship with the victim

In Missouri or Kansas, there are no limits on cases for injury, as contrasted with wrongful death. In Kansas in particular, there are damages recognized that have monetary value that are unique to death cases as contrasted with personal injury.

What is the Burden of Proof for Wrongful Death?

The only unique feature of proving wrongful death are the damages unique to wrongful death. Otherwise, a wrongful death case and the proof required does not vary from what is proven in an injury lawsuit. If death occurred as a result of a car accident, one still must prove the elements of a car accident case. However, proof of such a case, absent death, does not require the same proof as a wrongful death case does. For wrongful death, the following must be proven:

  • Funeral expenses
  • Medical expenses
  • A lifetime of a loss of a relationship with the victim

In Missouri or Kansas, there are no limits on cases for injury, as contrasted with wrongful death. In Kansas in particular, there are damages recognized that have monetary value that are unique to death cases as contrasted with personal injury.

Find Justice Today

If your family has been the victim to a wrongful death, you deserve to find justice today. This can include fatal car accident, drunk driver fatality, medical mistake or any other wrongful death case. Contact the experienced attorneys of Monsees & Mayer, P.C. to discover how we can help your family.

Find Justice Today

If your family has been the victim to a wrongful death, you deserve to find justice today. This can include fatal car accident, drunk driver fatality, medical mistake or any other wrongful death case. Contact the experienced attorneys of Monsees & Mayer, P.C. to discover how we can help your family.

Wrongful Death Frequently Asked Questions

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.

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.

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.

Wrongful Death Frequently Asked Questions

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.

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.

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.

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What Our Clients Say About Us

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

Contact us today to discuss your case.

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

Contact us today to discuss your case.