If you ask the average adult if they are familiar with lawsuits pertaining to a divorce or car accident, the answer is almost a universal “yes.” Litigation involving these two areas are so prevalent they have become part of our culture. Everyone knows someone who is in the process of or has recently been divorced. The same is true of car accident claims. However, if you ask that same adult about wrongful death claims, it is very likely that he or she will not be quite as familiar. Thankfully, this is mostly because wrongful death actions are much less common place. If you are one of the many people who are not quite sure what is meant by a wrongful death action, the following is a basic overview:
What is a wrongful death action? A wrongful death action refers to a civil lawsuit brought against a wrongdoer (aka defendant) on behalf of the victim, to recover damages that the victim would have been able to collect, had he or she not died as a result of the wrongdoer’s negligent or intentional acts. In other words, a wrongful death action is akin to any other personal injury case, albeit the plaintiff is not the actual victim.
Who can file a wrongful death action on behalf of a victim? The whole crux of a wrongful death case is that the true victim is not alive to pursue the lawsuit him or herself. This leads to the question, who can stand in his or her place? The answer to this question varies from state to state. In Missouri for example, the first line of people who can bring a lawsuit include the victim’s surviving spouse, children, grandchildren, or parents. If the victim has no living relatives in this category, then a sibling or niece or nephew may step in.
Who can be named as a defendant in a wrongful death action? A wrongful death lawsuit is brought against the person or entity that negligently or intentionally caused the harm to the victim which led to his or her death. Possible defendants can include:
- Individual acting in his or her professional or personal capacity,
- Government entity,
- Corporation (such as a manufacturer, designer or installer of a product)
What type of damages can be recovered in a wrongful death action? Damages a plaintiff may be entitled to recover include:
- Economic damages (such as medical bills, burial expenses, lost wages)
- Non-economic damages (such as pain and suffering victim incurred before death)
When do wrongful death actions need to be filed by? In Missouri, most wrongful death actions must be brought within three years. However, there are exceptions to this rule that can reduce the time to just two years. This is why it is so important to contact an attorney as early as possible to determine which statute of limitations is applicable to your case.
While every state has a wrongful death law on its books, the laws are not the same. If you believe your family member death is the result of the wrongdoing of another, it is important to seek out a qualified Kansas City Injury Attorney. Wrongful death cases are often very complex. Only an experienced Kansas City Wrongful Death Attorney has the ability to thoroughly review the facts surrounding your loved one’s death and make the determination if the liable party can be held accountable. The seasoned Kansas City Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. have helped countless injury victims, in both Kansas and Missouri, fight to obtain just compensation. You can trust our team of attorneys to help you make sure that justice is served. Contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673 to schedule an initial consultation with one of our attorneys.
