Archive for the ‘Wrongful Death’ Category

Understanding How to File a Wrongful Death Lawsuit

Saturday, August 13th, 2022

What is a wrongful death lawsuit? After a loved one passes away due to an accident or medical negligence, the survivors are left with deep emotional trauma and loss, medical bills, and funeral expenses. If someone’s action (or inaction) caused the death of a loved one, you deserve compensation. A wrongful death lawsuit can help families feel a sense of justice as they bring the liable party to justice. Whether the at-fault party was a negligent driver or malpractice, the at-fault party must be held accountable.

Pursuing a wrongful death action may bring some positive life changes. For example, a wrongful death settlement can help ease the financial burden and bring some sense of closure. Should you and your family decide to move forward with a wrongful death action, you will need a skilled wrongful death attorney by your side. That’s where our law firm comes in. We will help you understand the wrongful death lawsuit process and help you through the process.

A wrongful death happens when somebody is killed due to someone else’s negligence, willful intent, or misconduct. A wrongful death case is a civil lawsuit, unlike murder or manslaughter criminal charges.

To win a wrongful death case, you and your lawyer must prove that the death was caused by the at-fault party’s action or inaction. You also must demonstrate what you lost. This takes the form of companionship, emotional support, income, and physical support.

One of the most common wrongful death lawsuits involves medical malpractice. However, some extreme cases of malice have constituted wrongful death lawsuits in the past. For example, the civil lawsuit filed against O.J. Simpson was brought by the families of Nicole Brown-Simpson and Ronald Goldman. Wrongful death lawsuits span a wide array of incidents.

Generally, only heirs, spouses, and family members by blood are permitted to file wrongful death lawsuits. If your deceased loved one did not have an executor for their estate, your family should discuss who will bring the lawsuit. Also, it is important to review the decedent’s will to identify the heirs. The most common person in charge of filing a wrongful death suit is the decedent’s spouse. If the decedent was unmarried, parents, siblings, or stepsiblings might be able to begin the process involved. If the deceased was a minor, their parents or legal guardians would usually file the lawsuit.

Legal Issues That Can Arise In Missouri Wrongful Death Claims

Wednesday, April 13th, 2022

Wrongful death cases are complicated cases that our law firm has prove experience in handling. When our experienced wrongful death attorneys represent families and the decedent in wrongful death actions, we navigate through the legal challenges to resolve the legal matter in a way that your loved one deserves. When filing a wrongful death lawsuit in Missouri, it is essential that the family of the victim is aware special circumstances that need to be addressed. The following are five common issues to understand about wrongful death claims:

Statute of limitations. There are specific time frames designated by every state’s statute of limitations and these time deadlines vary from state to state.  Statute of limitation provide time limits in which the plaintiff(s) must file their claim for recovery.

Recoverability. Another very important aspect of a wrongful death lawsuit is the likelihood of receiving the money won through a substantial judgment, jury award, or verdict.  Sometimes, winning a large jury verdict is fruitless should the responsible party be unable to pay the judgment.

Building sufficient evidence. Investigating and gathering the necessary evidence is crucial for a successful wrongful death lawsuit.  Your wrongful death attorney must collect the evidence, analyze, and prove certain facts under Missouri law to obtain a favorable recovery.  Acquiring this information is difficult and restricted to the rules of evidence that govern civil actions in Missouri. An experienced wrongful death lawyer should have the experience and knowledge of the Missouri law, and possess the investigatory skills to find and collect sufficient evidence to build a strong case.

Cost of Action. The time and effort necessary to prosecute wrongful death claims can be costly. However, in the end, an experienced wrongful death attorney will have the resources to handle your case.Our attorneys forego any upfront legal fees until we have obtained compensation for our clients.

Governmental Immunity. In some wrongful death cases involving local, state, or federal government agencies, these agencies might be immune from civil suits. For example, a person who killed by a police car or fire truck speeding to an accident scene.  In that circumstance, the victim could be barred from bringing a wrongful death lawsuit against the fire department or police who caused the fatal crash. However, the law governing these matters vary from state-to-state.  ,

If you or a loved one is interested in filing a wrongful death suit, or you simply have questions on wrongful death law in the state of Missouri, call (816) 472-HOPE (4673) to contact our experienced Missouri wrongful death attorneys at the law offices of Hubbard & Kurtz today!

Wrongful Death Lawsuit Filed in Tragic Drunk Driving Accident

Friday, March 18th, 2022

A wrongful death lawsuit was filed in Sequoyah County District Court on March 10, 2022. The lawsuit name several individuals and the Sallisaw VFW as Defendants. The complaint alleges the Defendants’ negligence caused the death of a woman on August 6, 2021. The petition filed on March 10, 2022, was brought by a personal representative who was appointed by the court. The plaintiff demands a trial by jury and monetary damages to exceed $75,000 to be decided by a jury.

The victim was a customer, and her boyfriend was at VFW Post #4518. The complaint states that the victim’s blood-alcohol level was nearly four times the legal limit. The victim then got into an argument with her boyfriend and suddenly left the post and was struck by a motor vehicle. The victim was pronounced dead at a local area hospital at around 1:45 AM.

According to the lawsuit, the victim was forced to endure pain and suffering and mental anguish prior to her death as a proximate and direct result of the Defendants’ negligence. She sustained medical expenses, lost wages, and other damage before her death. The untimely and wrongful death of the victim also deprived her child of her mother, love, and companionship and love. The victim’s family also had to pay funeral and burial expenses, and the family has been deprived of the love and companionship of their daughter. The case was filed in accordance with applicable dram shop laws.

If you lost a loved one in an accident, speak with our experienced Kansas City Wrongful Death Attorneys as soon as possible. Proving a case of wrongful death requires vital knowledge of the law and due diligence to investigate the facts. The Attorneys at Hubbard & Kurtz, L.L.P., have helped countless clients around the area, both in Kansas and Missouri. Our attorneys know how to win a case. To speak with an attorney about your loved one, contact our office at (816) 472-4673 to schedule a consultation. At Hubbard & Kurtz, L.L.P., we fight for justice.

Bureau Veritas Faces Chemical Exposure Wrongful Death Lawsuit

Friday, January 14th, 2022

A Kansas federal district court ruled that a wrongful death lawsuit may proceed against Bureau Veritas North America Incorporated. The wrongful death lawsuit alleges that the company failed to perform air quality tests accurately at their plant, and an Eli Lilly worker was regularly exposed to hazardous chemicals. The lawsuit asserts that these hazardous chemicals caused the plaintiff’s breast cancer and subsequent death.

The lawsuit also claims that the plaintiff died of breast cancer after four years working at an Eli Lilly Kansas pharmaceutical plant. Her job was to package products. The wrongful death complaint states that the plaintiff’s cancer was caused by her handling and packaging a growth hormone impact product at the facility.

What is a Wrongful Death Lawsuit?

If a person is killed due to the negligent conduct of a person or company, the victim’s surviving family member might be able to file a lawsuit for “wrongful death.” These lawsuits seek economic compensation for the survivors’ losses, such as funeral expenses, lost companionship, pain and suffering the victim felt during the incident.

Wrongful death statutes differ from state to state, but these laws typically stipulate which family members may file a wrongful death lawsuit on behalf of the victim and the family of the victim. Wrongful death laws were created as a means to provide financial aid to widows and orphans. However, state laws now help recover monetary compensation for the personal representative of the decedent’s estate. Each state has a “wrongful death statute,” which establishes the process and procedures for filing a wrongful death action.

Wrongful Death Lawsuit Alleges Fatal Truck Accident Caused by a FedEx Truck Driver Wearing Noise-canceling Headphones While Driving

Wednesday, November 3rd, 2021

According to a news report posted on kansascity.com, the victims and the families of the victims of a severe truck accident filed a lawsuit alleging the at-fault driver was wearing noise-canceling headphones at the time of the crash. The accident tragically killed five people and severely injured dozens of bus passengers. The wrongful death and negligence lawsuit that was filed last week alleges a FedEx truck driver’s use of the noise-canceling headphones prevented the truck driver from hearing warnings that he was going to collide with a bus wreck. The suit also includes a photograph taken of the FedEx driver in the truck’s cab wearing the headphones.

According to the report, the FedEx truck crashed into a bus at around 3:30 in the morning. The complaint states that one of the victims, a child, was decapitated in the accident. The plaintiffs consist of 18 victims or families of the victims.

FedEx published a statement maintaining that safety is their top priority, and they expressed their “our thoughts and condolences” to the people affected. However, FedEx stated that the company intended to “defend our position should this matter proceed,” and that the “allegations against FedEx Ground and Mr. Stowers (truck driver) are without merit.”

The lawsuit complaint states that the victims needed a spectrum of medical treatment for injuries as a traumatic brain injury, multiple broken ribs, and broken neck. The suit seeks damages and demands FedEx to establish a workplace policy that prevents its truck drivers from wearing headphones.

The National Transportation Safety Board stated two bus passengers, the bus driver, and two passengers in a truck were all tragically killed. The preliminary NTSB accident report also stated that the bus swerved toward the highway’s median, swept-back through all travel lanes, struck an embankment, rolled over onto the bus’ side, and settled in the travel lanes. The bus was then hit by the FedEx tractor-trailer that was also struck by a UPS truck. The UPS truck driver and co-driver were tragically killed. At least one additional lawsuit has been filed over the tragic accident.

Kansas City Attorneys Explains the “Ws” of Wrongful Death Actions

Monday, February 29th, 2016

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.

Nursing Home Abuse and Wrongful Death Claims in Kansas City, Missouri

Thursday, August 20th, 2015

Nursing home abuse is one of the most distressing crimes imaginable, especially when it results in the death of the victim. There is more than one way to seek justice when something shocking like this happens — in addition to pursuing criminal charges such as manslaughter or elder abuse, a close relative can file a wrongful death lawsuit against the responsible parties.

Fighting Back Against Nursing Home Abuse

Nursing home abuse occurs in a variety of forms — it may take the form of medical neglect, malnutrition, direct physical abuse or even sexual abuse, among other forms. Although it is not always easy to detect, there are usually telltale indicators. The presence of extensive bedsores, for example, is often (although not always) a sign of nursing home abuse.

Unfortunately, in many cases there is simply not enough evidence to support a criminal prosecution. Regardless of whether or not a successful criminal prosecution is possible, however, it may still be possible to win a wrongful death lawsuit, because the burden of proof that you must meet to win a civil lawsuit is much lower than what is necessary to secure a criminal prosecution.

Wrongful Death Lawsuits in Missouri

To file a wrongful death lawsuit in Kansas City, Missouri you must be the spouse, child, grandchild or parent of the deceased, although if no such relative is still living then a sibling or the personal representative of the deceased’s estate may file the wrongful death claim. If the abuse was committed by an employee of the nursing home, you are normally entitled to add the nursing home itself as a plaintiff, because an employer is usually responsible for the actions of its employees. Even if the abuser was not an employee of the nursing home, you can win a lawsuit against a nursing home if you can prove that it negligently supervised the abuser. You must file a wrongful death lawsuit within three years of the date of death in order to comply with the Missouri statute of limitations.

Reaching a Settlement or a Verdict

If you win a Kansas City wrongful death lawsuit, you will be entitled to damages for the deceased’s pain and suffering immediately prior to death, as well as for burial and funeral expenses, medical bills, loss of future earnings and benefits, and your loss of services and emotional benefits that the deceased would provided if the death had not occurred. You will need to accurately calculate these amounts and support them with evidence to prepare for settlement negotiations with the defendant, because preparing for a successful wrongful death lawsuit is the best way to strengthen your bargaining position in settlement negotiations. If you win a lawsuit, the damages will be distributed among the deceased’s close relatives, and your share will go directly to you rather than to the estate of the deceased.

How a Kansas City Wrongful Death Attorney Can Help

A typical successful resolution to a nursing home abuse wrongful death lawsuit involves gathering enough evidence for a strong case, filing a lawsuit, and then negotiating a settlement from a dominant bargaining position. For this, you will need a Kansas City wrongful death attorney who is equally skilled in private negotiations and courtroom litigation. The Kansas City Wrongful Death Attorneys of Hubbard & Kurtz possess decades of experience doing just this — aggressively fighting for our clients’ interests is simply a way of life for us. Call Hubbard & Kurtz today at (816) 472-HOPE (4673) to schedule an appointment to discuss your case.

 

 

 

 

Intoxicated Teenager Faces Wrongful Death Lawsuit for Killing Kansas Man

Monday, February 2nd, 2015

Teenage drinking and driving is more than a just a problem; it is a real cause for concern. It is estimated that while teen drivers make up approximately 10 percent of licensed motorists, they are the cause of more than 15 percent of all alcohol-related crashes. According to the Centers for Disease Control (CDC) in 2012, 25 percent of male drivers between the ages of 15 and 20 years who were involved in fatal crashes had been drinking. It is estimated that alcohol is a factor in a third of all teenage auto fatalities.

To combat this problem, all states including the District of Columbia have adopted a zero tolerance policy for minors who drink and drive. For example, in both Kansas and Missouri, a minor who is found to have a blood alcohol concentration (BAC) of .02 or more is subject to criminal charges. While laws like “zero tolerance” have helped, they have not eliminated the problem of teen drunk driving. All too often, teenagers get behind the wheel after consuming alcohol and the consequences are nothing short of tragic.

In August of 2014, an Overland Park man was killed after he was struck by a car. The Kansas man was standing near a legally parked car on the street in front of his home. The vehicle that hit the parked car and the man was driven by a 17-year old male. The 52-year old died at the scene of the accident. The man’s girlfriend, who was standing close to him when the vehicle approached, suffered serious injuries and was taken to the hospital. She did however, survive the accident. The teenage driver was not injured.

At the time of the accident, the cause was not known. Later, blood samples taken from the teenage driver at the time of accident, allegedly revealed that the teenager had been drinking. In mid-September, the teenage driver was charged with one count of involuntary manslaughter, while allegedly driving under the influence, for killing the man. The teen was also charged with one count of aggravated battery, while allegedly under the influence, for injuries sustained by the man’s girlfriend.

In late January, the family of the male victim filed a wrongful death lawsuit against the teenager and his parents. It was discovered that at the time of the accident, the teen was on court probation. As a part of his probation, the teen was required to follow certain rules, including a 9:30 pm curfew and he was not to drink alcohol or be present at any gatherings where alcohol and/or drugs were present. According to the lawsuit filed, the teen’s parents were negligent when they allowed their son to use their car that evening, when they knew or should have known about his history of substance abuse. In filing their lawsuit, the family of the man killed hope that people will become more aware of the frequency of dangerous teenage drinking and driving

If your loved one was seriously injured or killed after being involved in an accident with a drunk driver, the attorneys at Hubbard & Kurtz, L.L.P. are here to help. Our compassionate team of injury attorneys understand how a drunk driver can completely dismantle a person’s life. While our attorneys cannot fix the emotional and physical pain of the injuries suffered or of losing a loved one, they can hold the responsible party financially accountable. The Kansas City Wrongful Death Attorneys at Hubbard & Kurtz, L.L.P. have helped countless injury victims in both Kansas and Missouri obtain money damages for their losses. To schedule an appointment to discuss your matter with a skilled Kansas City Personal Injury or Wrongful Death Attorney, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

Landlord Negligence: An All Too Common Cause of Wrongful Deaths Lawsuits

Saturday, August 30th, 2014

One of the most common reasons why a family member may file a wrongful death lawsuit is after a loved one is killed in an accident caused by landlord negligence. While specific landlord-tenant laws can vary greatly from state to state, all states share the same basic require that a landlord needs to maintain a safe residence for his or her tenant(s). If a tenant is killed as the result of a landlord who has failed in his or her obligations to a tenant, then the family has the right to seek compensation from the landlord and any other negligent parties through a wrongful death lawsuit.

In late August, The Boston Globe reported that the family of a young Boston University student, who perished in a fire in April 2013, was planning on filing a wrongful death action. The family accuses the landlord of renting an ‘illegal’ apartment. They allege that the house where the student lived was not safe and had several problems, including being overcrowded. The house’s building plans with the city listed six bedrooms but had been converted to have twelve bedrooms. A total of 14 tenants occupied the structure. Three of the tenants occupied bedrooms in the basement, which were deemed to have been illegal by the city more than 10 years ago. However, nothing was ever done.

According to the complaint, the tenants on the third floor only had one way out of the building, which was down a flight of stairs. On the day of the fire, this set of stairs was made impassable by heavy smoke and fire. Local code requires a rental unit such as this one, to have at least two means of egress. The complaint also alleges that the house had a faulty fire-alarm system. The system in place, which did not have a mandated city permit, either failed or was not connected properly so that an early sound would warn tenants on the upper floors of a fire. Instead, by the time the alarm located on the ceiling of the attic went off, smoke and flames had completely engulfed the stairs.

Per the complaint, had the apartment been equipped with a fully functional fire-alarm system and a second means of egress, the occupants on the third floor would have had time to safely escape the building on the day of the fire. Five tenants and guests did escape from the third floor rooms by jumping out of windows. Those that survived the blaze suffered injuries ranging from a fractured back to a sprained ankle. The student killed in the fire was found just a few feet from her third floor bedroom window. Her body was severely burned and the official cause of her death was smoke inhalation.

While the wrongful death suit filed by the student’s parents will never fully compensate them for their loss, it will hopefully help bring them closure and a sense of justice being served.

 If someone that you love died as the result of landlord negligence it is imperative that you contact an attorney as soon as possible to help protect your rights. A Kansas City Wrongful Death Attorney can explain the process of seeking damages and will help make sure that you know what to expect. The experienced Kansas City Wrongful Death Attorneys at the Hubbard & Kurtz, L.L.P. have helped countless clients around the area, in both Kansas and Missouri. Our caring and compassionate team of attorneys are skilled at helping wrongful death client find their way through this challenging time in their lives. Please contact us today at (816) 472-4673 to set up an initial consultation.

Missouri’s “One Recovery Rule” Bars Recovery for One Family

Friday, August 1st, 2014

In late July of this year, a Missouri family received devastating news. The 8th Circuit Court affirmed the trial court’s ruling, which dismissed their wrongful death claim against several big tobacco companies. The family filed a wrongful death case after husband and father, Michael Thompson, died from throat cancer in 2009 after smoking cigarettes. The Court in its ruling held that the Thompson family did not have a cause of action based on Missouri’s “one recovery” rule.

History. Michael Thompson began smoking cigarettes while a minor. He smoked for a total of 28 years—until he received a diagnosis of lung cancer in 1997. Thompson brought a personal injury lawsuit against several major manufacturers, sellers and distributors of tobacco products for his injuries due to cigarette smoking. The suit named several industry giants as defendants, including R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Brown & Williamson Tobacco Corporation. The aforementioned companies are the makers of brand name cigarettes, such as Marlboro, Winston and Doral, amongst others that Thompson smoked during his lifetime. The case against the manufacturers went to trial and in 2003 the jury found in Thompson’s favor. The jury determined that the tobacco companies were liable for negligence and product defect and awarded Thompson a judgment of more than $1 million dollars in damages.

“One Recovery” Rule. The Thompson family’s wrongful death lawsuit was filed against the same tobacco manufactures named in his earlier personal injury case. The Court affirmed the dismissal citing the one recovery rule, which prohibits a decedent’s heirs from recovering under a wrongful death action, in the event that the decedent received satisfaction for the same wrongdoing, whether by settlement or trial, during the decedent’s lifetime. The theory behind the rule is that if the decedent resolved the claim during his or her lifetime, then there is no claim remaining after his or her death.

The decision came as a surprise to some because the ‘one recovery’ rule is a relatively obscure rule. The rule comes from a 1906 Missouri Supreme Court decision in Strode v. St. Louis Transit Co. The Thompson family argued that a lot has changed since the Court’s decision more than 100 years ago. Namely that the wrongful death statute creates an independent cause of action for a decedent’s heirs. The Circuit Court rejected the Thompson’s argument stating that it was against the plain language of Strode.

What the Future Holds. Missouri is one of many states that has a law like “one recovery” on the books. However, the Thompson case can leave a person who has a terminal illness like Michael Thompson, feeling confused about his or her legal options. This why it is important to talk with a seasoned attorney who handles personal injury and wrongful death matters routinely. He or she will be able to educate you as to your options and make sure that you receive proper compensation.

Coping with the loss of a loved one that was killed as the result of the wrongdoing of another can feel like an impossible task. However, you do not have to suffer alone. You may be able to hold the accountable parties liable for their actions through a wrongful death lawsuit. A Kansas City Wrongful Death Attorney will explain the process of seeking damages and will help make sure that your rights are protected. The experienced Kansas City Wrongful Death Attorneys at the Hubbard & Kurtz, L.L.P. have helped countless clients, in both Kansas and Missouri. Our compassionate team of attorneys are skilled at helping wrongful death clients receive justice. Please contact us today at (816) 472-4673 to set up an initial consultation.