It’s extremely difficult to cope with a family member’s death. If the sudden loss of a loved one is due to the negligence of another or a corporation, it can be very painful for the loved ones left behind. Moreover, the emotional damage and financial hardship is very difficult.

Wrongful death lawsuits are a way to provide grieving families with monetary compensation. Filing a wrongful death lawsuit helps the decedent’s family receive the necessary financial support and justice.

A wrongful death happens when a wrongful act of an individual results in the death of a person. The act or omission does not have to be intentional. Usually, wrongful deaths are accidental and a result of:

• Car accidents
• Carelessness
• Drownings
• Medical malpractice
• Work accidents
• Negligent care at a nursing home
• Defective products

Who Can Bring a Wrongful Death Lawsuit in Missouri?
Missouri law allows certain heirs of the deceased individual to file a wrongful death lawsuit. An “heir” is someone who is legally entitled to receive the decedent’s property as specified by Missouri law. That heir can file a wrongful death lawsuit either for themselves or on behalf of the loved one who was killed.

The heirs who can file a wrongful death lawsuit include the decedent’s:

• Children
• Spouse
• Parents
• Siblings
• Grandparents

When Can I File a Wrongful Death Action in Missouri?
The worst mistake by someone who can file a wrongful death claim is to wait too long to bring their lawsuit. Time passes by quickly and family goes through a long grieving process. It is important to understand the time restraints and file the lawsuit before the Statutes of Limitations run out.

In most states, the statute of limitations for wrongful death lawsuits is two years. This means the heir must file a wrongful death action inside of two years after the date of their loved one’s tragic death.

The Damages Collected in a Wrongful Death Cases
Wrongful death lawsuit are designed to help make the decedent’s family financially whole again. The damages that could be recovered might include:

• Pain and suffering
• Financial losses
• Emotional pain
• Funeral expenses
• Medical costs
• Loss of benefits
• Lost of companionship
• Loss of wage
• and other damages.

Do You Have a Wrongful Death Action? Speak to our Missouri Attorneys Today!
Do not delay in holding accountable the person responsible for your loved one’s death. The attorneys at Hubbard & Kurtz, LLP, are experienced wrongful death attorneys in Missouri and we are ready to review your case and fight for your full financial recovery.

HUBBARD & KURTZ, L.L.P.

1718 WALNUT
KANSAS CITY, MISSOURI 64108
TEL: (816) 472-HOPE (4673)
FAX: (816) 472-5464
TOLL FREE: (877) 535-1163

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.

One common type of accident which often results in a wrongful death action as well as a criminal case is the pedestrian accident. When a pedestrian is struck and killed, it is often because the driver of a motor vehicle was behaving recklessly or negligently, and in violation of the law. Because two types of actions may be pursued against the defendant, there is an opportunity for the victim’s family to obtain financial recovery for their loss, as well as the possibility that the responsible party will receive criminal punishment for their actions.

Unfortunately, pedestrian accidents happen more frequently than you may realize. One pedestrian somewhere in America is struck and killed by a vehicle every two hours. This means that twelve pedestrians die in accidents every day. Some pedestrians who are involved in accidents do survive, and they receive injuries which range from scrapes and bruises to severe head injuries and loss of limbs. Many pedestrians do not survive accidents with motor vehicles, though, because the force of the impact from the vehicle can throw them or crush them, causing life-threatening injuries or immediate death at the time of the accident.

Families of pedestrian accident victims can seek two forms of civil damages after losing someone that they love in a pedestrian accident. The first type of civil action is a survival action, which is brought against the at-fault driver by the family members of the deceased for the purpose of recovering the damages which were suffered by the deceased as a result of the accident. The second type of civil action is a wrongful death action. Wrongful death actions serve the purpose of helping the families of pedestrian accident victims recover for damages that they have experienced due to the losses of their loved ones. These damages include loss of support, loss of companionship, and funeral expenses.

Since pedestrian accidents sometimes occur when the at-fault driver is not breaking the law, families of accident victims should take comfort in knowing that survival and wrongful death actions can still be pursued under these kinds of circumstances. The only difference from this scenario and other pedestrian accidents which do involve unlawful behavior on the part of the at-fault driver is that in cases where there is unlawful behavior, there are also likely to be criminal charges filed. Driving under the influence of alcohol is a common cause of pedestrian accidents involving unlawful behavior. Speeding is another commonly cited unlawful behavior which often results in pedestrian deaths. Sometimes, the conduct of the at-fault driver exceeds that which we would classify merely as unlawful behavior. These cases receive special treatment under criminal laws, with vehicular manslaughter or involuntary manslaughter charges often being filed in cases of extreme recklessness.

If someone that you love was killed in a pedestrian accident, it is essential that you speak with an attorney as soon as you can in order to protect your rights. A Kansas City Wrongful Death Attorney can help you to understand the process of pursuing a claim for damages, and what you might expect to happen along the way from start to finish. The experienced Kansas City Wrongful Death Attorneys at Hubbard & Kurtz, L.L.P. help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many other Kansas and Missouri communities. We offer caring and compassionate assistance to our wrongful death clients as they navigate a very difficult time in their lives. Please call us today, at (816) 472- 4673 to arrange for an initial consultation.