When someone dies because of another person’s negligence, surviving family members may suspect that the tragedy could have been prevented. However, suspicion alone is not enough to establish legal responsibility in a wrongful death lawsuit. Families pursuing compensation in Missouri or Kansas must generally present evidence showing that another party acted negligently or wrongfully and that the conduct caused their loved one’s death. Depending on the circumstances, that evidence may include accident reports, medical records, witness statements, photographs, electronic data, and testimony from qualified professionals. At HUBBARD & KURTZ, L.L.P., we understand how important a thorough investigation can be when a family is seeking answers and accountability after a preventable death.
Establishing the Legal Basis for a Wrongful Death Claim
A wrongful death lawsuit is a civil action seeking compensation for losses resulting from a person’s death. It differs from a criminal prosecution because the purpose is to establish civil liability and obtain damages for eligible surviving family members.
Under Missouri Revised Statutes § 537.080, a wrongful death action may arise when the circumstances causing the death would have entitled the deceased person to recover damages had they survived. Kansas recognizes a comparable cause of action under K.S.A. § 60-1901.
In a typical negligence case, the evidence must establish that the defendant owed a duty of care, breached that duty, and caused the fatal injury. The claim must also establish legally compensable damages.
The particular duty depends on the circumstances. A driver must operate a vehicle with reasonable care. A business owner may have duties concerning dangerous property conditions. A manufacturer may face liability for a defective product. The evidence required to establish responsibility will differ across these situations.
Accident Reports and Official Investigative Records
Official reports frequently provide an important starting point for wrongful death investigations. In fatal traffic collisions, police reports may identify the drivers involved, document roadway conditions, summarize witness accounts, and describe potential traffic violations.
Commercial truck accidents may generate additional records from law enforcement agencies, transportation authorities, or federal investigators. Fatal workplace incidents may involve reports from occupational safety agencies or other regulatory bodies.
These documents can help identify witnesses and potential sources of evidence. However, an official report is not necessarily a complete or final determination of civil liability.
Police officers may not have witnessed the incident, and their conclusions may be based on limited information available at the scene. Some portions of a report may also be subject to evidentiary restrictions in court.
We therefore consider official records as part of a broader investigation rather than relying on a single report to establish what happened.
Photographs, Video Footage, and Physical Evidence
Photographs and recordings can provide valuable information about the events leading to a fatal injury.
In a motor vehicle collision, photographs may show vehicle damage, skid marks, debris patterns, traffic signals, and roadway conditions. Video from nearby businesses, traffic cameras, dashcams, or security systems may help establish the sequence of events.
In a dangerous property case, photographs may document broken stairs, inadequate lighting, missing safety barriers, or another hazardous condition. Product liability claims may depend on examining a defective component or the equipment involved in the incident.
Physical evidence can deteriorate or disappear quickly. Damaged vehicles may be repaired or destroyed, hazardous conditions may be corrected, and surveillance footage may be automatically overwritten.
When appropriate, we work to identify evidence that should be preserved and take steps to request its retention before it becomes unavailable.
Witness Statements Can Help Establish What Happened
Witnesses may provide information that is not captured in photographs or official reports.
An eyewitness to a fatal collision might describe a driver running a red light, speeding, using a cellphone, or failing to yield. A coworker might have observed unsafe equipment or repeated safety complaints before a workplace incident. A customer might have seen a dangerous condition at a business before someone was fatally injured.
Witness accounts can also help establish the deceased person’s conduct immediately before the event.
Because memories may fade and witnesses can become difficult to locate, obtaining accurate information promptly is important. We examine whether witness accounts are consistent with physical evidence, electronic records, and other available information.
When statements conflict, further investigation may be necessary to determine which account is supported by the strongest evidence.
Medical Records, Autopsy Findings, and Proof of Causation
Establishing negligence is only part of a wrongful death case. The evidence must also connect the defendant’s conduct to the death.
Medical records may document the injuries sustained, emergency treatment provided, complications that developed, and the medical circumstances surrounding the death. Death certificates and autopsy findings can also be relevant.
For example, when a person dies several weeks after a collision, the defense may dispute whether the death resulted from accident-related injuries or an unrelated medical condition. The medical evidence may be central to resolving that dispute.
In appropriate cases, testimony from medical professionals may be necessary to explain how the injuries caused or contributed to the death.
We examine the available medical evidence carefully because proving the connection between wrongful conduct and a fatal outcome is essential to establishing liability.
Electronic Records and Evidence in Fatal Truck Accidents
Some wrongful death cases involve evidence that is not immediately visible at the accident scene.
Commercial vehicles may contain electronic systems that record certain operating information. Depending on the vehicle and its equipment, records may help establish speed, braking activity, or other relevant conditions before a collision.
Trucking companies may also maintain driver qualification records, inspection reports, maintenance records, dispatch communications, and hours-of-service documentation.
Cellphone records, electronic messages, and business communications may be relevant when distracted driving or unsafe operational decisions are alleged. Obtaining these materials generally requires appropriate legal procedures, and not every record will be available in every case.
We investigate whether electronic and business records could help establish negligence, identify additional responsible parties, or contradict an inaccurate explanation of the incident.
Evidence of the Family’s Financial and Personal Losses
Even when liability is clear, a wrongful death lawsuit must establish the losses for which compensation is requested.
Missouri Revised Statutes § 537.090 permits consideration of pecuniary losses, funeral expenses, and the reasonable value of lost services, companionship, guidance, counsel, and support. Kansas law addresses recoverable wrongful death damages under K.S.A. §§ 60-1903 and 60-1904.
Financial records may include pay statements, tax returns, employment benefits, retirement information, and documentation of household expenses. These records can help establish the economic support the deceased would likely have provided.
Evidence concerning family relationships may also be relevant. A surviving spouse or child may describe the deceased person’s role in the household, the care they provided, and the guidance or support the family has lost.
We evaluate these losses individually because the circumstances of each family are different.
Identifying Every Potentially Responsible Party
A fatal accident may involve more than one negligent person or business.
In a truck collision, potential defendants could include a driver, trucking company, maintenance provider, or another party whose conduct contributed to the incident. A defective product case may involve a manufacturer or another entity in the distribution chain.
Determining who may be legally responsible requires examining the evidence and the applicable liability rules. Merely being connected to the incident does not automatically make a person or business liable.
We look beyond the most obvious defendant when the facts suggest that additional parties may have contributed to the death. This investigation can be especially important when multiple insurance policies or commercial entities are involved.
The Importance of Preserving Evidence Before It Disappears
Families may understandably need time to grieve before considering legal action. Unfortunately, some evidence cannot be recovered once it is lost.
Surveillance recordings may be erased, damaged vehicles may be disposed of, and witnesses may become harder to contact. Businesses may retain records for limited periods, and physical conditions can change.
Families can help preserve information by keeping photographs, correspondence, funeral invoices, and records relating to the incident. They should avoid altering relevant physical evidence or attempting to access another person’s private accounts or records without authorization.
Legal counsel can evaluate whether formal preservation notices, court procedures, or other investigative measures are appropriate.
Missouri and Kansas Wrongful Death Filing Deadlines
Missouri generally requires wrongful death lawsuits to be commenced within three years under Missouri Revised Statutes § 537.100. Kansas generally provides a two-year limitations period under K.S.A. § 60-513(a)(5). Particular circumstances may affect these deadlines or introduce additional notice requirements.
A family should not wait until the limitations period is nearly over to begin gathering evidence. Even when a lawsuit can still be filed, important information may already have been lost.
We encourage families to seek legal advice promptly so that potential claims can be evaluated and the evidence needed to support them can be identified.
Contact HUBBARD & KURTZ, L.L.P. About a Wrongful Death Investigation
Proving a wrongful death claim requires more than showing that a tragic event occurred. The evidence must establish the responsible party’s conduct, the connection to the death, and the losses suffered by eligible family members.
If you have lost a loved one because of another person’s negligence in Missouri or Kansas, HUBBARD & KURTZ, L.L.P.can help you understand what evidence may be needed and what legal options are available. Our attorneys can review the circumstances, assess potential liability, and help your family determine how to proceed.
Call (816) 472-4673 or toll-free at (877) 535-1163 to discuss your Missouri or Kansas wrongful death claim.
