Posts Tagged ‘Kansas City Wrongful Death Attorneys’

Who Can File a Wrongful Death Lawsuit in Kansas?

Wednesday, February 1st, 2023

If you lost a family member due to the negligence of someone else, you are likely to experience many feelings such as depression, shock, confusion, and anger. Many families feel they need justice to have peace of mind following the accidental death of a loved one. Wrongful death accidents come in many forms, such as automobile accidents, workplace accidents, motorcycle accidents, falls, construction accidents, and many other tragedies. Families can file a wrongful death lawsuit to obtain legal justice for their loved one, to recover from your loss, and to make those responsible pay for their reckless actions.

In Kansas, there are only a few people who can legally file a wrongful death action, namely, the victim’s heirs at law. These individuals include the victim’s spouse, children, parents, or grandchildren. Our Kansas City Wrongful Death Attorneys can help you to decide which family members are eligible to file a wrongful death claim, and who they can file their claim against. In some cases there are multiple defendants in wrongful death actions.

There are a few categories of damages that family members can claim as part of their wrongful death action. Reasonable funeral expenses is one common type of damages sought, as is mental anguish. Spouses can recover for the loss of love, affection, and other things related to their marital relationship. If the deceased was a parent of young children, their family may pursue damages related to the loss of their caregiving and guidance. Depending upon who the victim was and what roles they played in their family, the types of damages there may be other types of damages that they can pursue. All of these categories of damages address the impact of the loss on the victim’s family.

If a loved one has been killed in a tragic accident and negligence is to blame, speak with one of our attorneys as quickly as possible. Our Kansas Wrongful Death Attorneys can help you to understand the process of pursuing a claim for damages. The experienced Kansas City Wrongful Death Attorneys at Hubbard & Kurtz, LLP help our clients from throughout the Kansas and Missouri. 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.

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.

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.

Who Can Pursue an Action for Wrongful Death in Kansas?

Tuesday, June 10th, 2014

If you have lost a loved one because of the negligent actions of someone else, you are likely to experience many feelings immediately after your loss. Sadness, shock, confusion, anger, and many other feelings are often reported by friends and families of people who have died a wrongful death. Wrongful deaths can take many forms, all of which are devastating for the family and friends of the deceased, who never expected that the person that they love so much would be torn away from them so soon. Automobile accidents, motorcycle accidents, workplace accidents, and many other tragedies can cause wrongful deaths. Sometimes, it may feel as though there is nothing that you can do in the wake of such a tragic event. However, there may be something that you can do following a wrongful death which can help your family to recover from your loss while making the negligent actor or actors take responsibility for their actions. You could file a wrongful death action, and it would accomplish both of those things.

There are a few different people who can file a wrongful death action in Kansas, namely, the heirs at law of the victim. The victim’s spouse, children, grandchildren, and perhaps some others can join together and pursue recovery from the party or parties who caused the death of their loved one. Families take many forms in modern society, and there may also be ways for these families to pursue wrongful death actions. A Kansas City Wrongful Death Attorney can help you to determine which members of your family are eligible to file a wrongful death claim, as well as who they can file a claim against. It is not uncommon for there to be multiple defendants in wrongful death actions, especially those where both an individual and one or more business entities are involved, such as a workplace accident or an accident involving a tractor trailer.

There are a few categories of damages that family members can claim as part of their wrongful death action. Reasonable funeral expenses is one common type of damages sought, as is mental anguish. Spouses can recover for the loss of love, affection, and other things related to their marital relationship. If the deceased was a parent of young children, their family may pursue damages related to the loss of their caregiving and guidance. Depending upon who the victim was and what roles they played in their family, the types of damages there may be other types of damages that they can pursue. All of these categories of damages address the impact of the loss on the victim’s family.

If someone that you love is killed in a tragic accident and negligence is to blame, it is important that you speak with an attorney as soon as you can in order to protect your rights. A Kansas 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.

Will Higher Penalties Make For Safer Vehicles?

Saturday, May 10th, 2014

Earlier this month, General Motors was slapped with a record-setting thirty five million dollar fine from the United States Department of Transportation. The fine resulted from the company’s failure to report a safety defect which has caused at least thirteen deaths to date. According to the United States Transportation Secretary, General Motors became aware of a defect in the ignition switch in the 2005 to 2010 Chevy Cobalt as early as 2009, but they never reported it. The defective switch can cause the vehicle to turn off while the driver is driving it down the road, creating a dangerous situation which could result in an accident.

Automakers are required to report safety defects within five days of discovering them, in addition to immediately recalling vehicles which do not meet federal safety standards. Over two million vehicles have been recalled because of the ignition switch defect. Models included in the recall include the Chevy Cobalt, Chevy HHR, Pontiac G5, Saturn Ion, Pontiac Solstice, and Saturn Sky.

While a thirty five million dollar fine may seem quite large, its status as the highest ever civil penalty arising from an automobile recall may not last for long. President Obama has proposed a new penalty scheme, which would increase the maximum fine to three hundred million dollars. The aim of the increased penalties is to encourage automakers to report defects as soon as they discover them, so that vehicles can be recalled before lives are lost. It will remain to be seen whether the increased penalty scheme, if it is signed into law, has the desired effect of getting automakers to take swift action to protect consumers whenever they discover safety defects.

The families of three people who died as a result of being involved in accidents while driving or riding in vehicles which had the defective ignition switch have filed wrongful death lawsuits against General Motors in both its pre and post-bankruptcy forms, Delphi Automotive Systems, and GM dealerships. The defect in the ignition switch, which was manufactured by Delphi Automotive Systems, is such a major safety issue because it can cause the car to lose power while it is being driven, and it can also prevent the airbags from working properly in the event of an accident.

The Chevy Cobalt tragedy serves as a reminder that the corporations which manufacture the things that we use every day do not always act with the level of care and concern for our safety that they should. If someone that you love has died as the result of the negligence, misconduct, or recklessness of a person or a company, you may be able to recover for your loss through a wrongful death lawsuit. When your family experiences a tragic loss due to a wrongful death, it is only natural to desire to hold the people or companies who caused your loss responsible for your actions. A Kansas City Wrongful Death Attorney can answer any questions that you may have about pursuing a claim for damages resulting from a wrongful death. If your family has suffered such a loss, it is important that you seek assistance right away so that you can file your claim before the statute of limitations runs out.

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. Please call us today, at (816) 472- 4673 to arrange for an initial consultation.