After a fatal accident in Missouri or Kansas, an insurance company may contact surviving family members before they have had an opportunity to understand their legal rights. An adjuster may request a statement, ask for documents, or discuss the possibility of an early settlement. For families dealing with grief, funeral arrangements, and sudden financial responsibilities, these conversations can be overwhelming. Although an insurer may have legitimate reasons to investigate a claim, its responsibility is to evaluate and resolve claims according to the insurance contract and applicable law, not to independently protect the family’s financial interests. At HUBBARD & KURTZ, L.L.P., we help surviving relatives understand the risks of early insurance communications and the importance of evaluating a wrongful death claim before accepting compensation.
Insurance Companies Begin Investigating Fatal Accidents Quickly
When an accident results in death, an insurance company may begin investigating almost immediately. The insurer may obtain accident reports, contact witnesses, inspect damaged vehicles, and request information about the deceased person’s injuries.
These investigations are intended to determine whether coverage applies, whether the insured party may be legally responsible, and how much the insurer may be obligated to pay.
The insurer’s assessment may not reflect every loss suffered by the surviving family. It may focus on disputed liability, available policy limits, or evidence supporting a lower valuation.
A family may be contacted before knowing whether other responsible parties or additional insurance policies exist.
We believe it is important to understand the full circumstances of the death before making decisions that could affect a family’s right to compensation.
Recorded Statements Can Create Problems for a Wrongful Death Claim
An insurance adjuster may ask a surviving family member to provide a recorded statement about the fatal accident or the deceased person’s activities.
The adjuster may present the request as a routine part of processing the claim. However, statements made shortly after a traumatic event can contain incomplete information, mistaken assumptions, or details the family has not yet verified.
For example, a relative may repeat something they heard from another person without knowing whether it is accurate. An adjuster might later compare that statement with medical records, witness testimony, or other evidence.
A surviving family member is not necessarily required to provide a recorded statement to an opposing liability insurer simply because the adjuster requests one. Obligations can differ when dealing with the family’s own insurer, and policy provisions may impose cooperation requirements.
We help families distinguish between information they are legally obligated to provide and requests that should be evaluated before a response is given.
Early Settlement Offers May Not Reflect the Full Value of the Claim
Insurance companies sometimes discuss settlement before the family’s long-term losses have been calculated.
An early offer may appear substantial, particularly when funeral bills and household expenses are creating immediate financial pressure. However, the amount may not account for decades of lost earnings, employment benefits, household services, or the personal contributions the deceased would have provided.
Missouri Revised Statutes § 537.090 permits recovery for specified financial and relational losses, including lost support, companionship, guidance, and services. Kansas recognizes economic and certain nonpecuniary losses under K.S.A. §§ 60-1903 and 60-1904, subject to applicable statutory limitations.
An appropriate settlement evaluation requires identifying the legally recoverable damages and developing evidence to support them.
We review the family’s financial circumstances, the deceased person’s anticipated future contributions, and the relevant damages law before assessing whether an offer adequately addresses the claim.
Signing a Release Can Permanently Affect Legal Rights
A settlement generally requires the claimant to sign a release. The release identifies the claims and parties being resolved and may prevent additional legal action concerning those matters.
Once a valid settlement is completed, discovering additional losses may not permit the family to reopen the claim.
This can create serious consequences when relatives accept compensation before learning about another potentially responsible party or understanding the extent of their damages.
Settlement documents may also address liens, reimbursement obligations, indemnification, or other legal issues that affect the amount the family ultimately retains.
In wrongful death cases involving multiple eligible relatives, state law may require additional attention to who can resolve the claim and how the recovery is distributed.
We review proposed settlement terms carefully so that families understand the rights they may be giving up before making a binding decision.
A Wrongful Death Attorney Can Investigate Liability Independently
An insurance company’s investigation is not a substitute for an independent evaluation of the family’s potential claims.
In a fatal vehicle collision, relevant evidence may include crash reconstruction findings, witness accounts, vehicle inspections, electronic data, and cellphone records. Commercial truck cases may require examining driver logs, maintenance records, and company safety practices.
Other wrongful death claims may involve defective equipment, dangerous property conditions, inadequate safety procedures, or negligent conduct by multiple parties.
We evaluate the evidence to determine whether the insurer’s explanation is consistent with the facts. When necessary, additional investigation may reveal issues that were not addressed in the insurer’s initial assessment.
An independent investigation can also help identify potentially responsible parties who were not immediately apparent.
Identifying Available Insurance Coverage and Other Sources of Recovery
The amount of an insurance policy can affect the practical outcome of a wrongful death claim, but identifying the correct policy is not always straightforward.
A fatal commercial vehicle accident may involve coverage maintained by a driver, trucking company, or another business. A workplace-related death may raise questions concerning workers’ compensation and potential claims against third parties.
Some cases may also involve umbrella or excess liability coverage. Whether a policy applies depends on its terms, the insured parties, the underlying facts, and relevant state law.
We examine available information about insurance coverage and potential defendants rather than assuming that the first policy identified represents the only possible source of recovery.
This evaluation can be especially important when a family has suffered substantial economic losses that exceed the limits of a single policy.
Missouri and Kansas Have Different Rules About Who Can Bring a Claim
Before negotiating a wrongful death settlement, families must establish who has legal authority to pursue the action.
Missouri Revised Statutes § 537.080 establishes an order of eligible claimants. The first category generally includes the deceased person’s spouse, children, qualifying descendants of deceased children, and parents. If no eligible person exists in that category, the statute identifies additional potential claimants.
Kansas uses a different framework. Under K.S.A. § 60-1902, an heir at law who has sustained a loss because of the death may commence the action, and other qualifying heirs may have the right to participate.
These distinctions matter when a deceased person leaves a spouse, children from a previous relationship, parents, or other relatives.
We assess the applicable law and family circumstances before pursuing a settlement because resolving a wrongful death claim can affect the rights of more than one surviving relative.
The Danger of Waiting Too Long to Seek Legal Advice
Insurance negotiations do not necessarily stop the statute of limitations from running.
Missouri Revised Statutes § 537.100 generally establishes a three-year period for wrongful death actions. Kansas wrongful death lawsuits generally must be brought within two years under K.S.A. § 60-513(a)(5), subject to applicable legal exceptions and accrual rules.
A family could spend months discussing a possible settlement only to discover that an important filing deadline is approaching.
Some cases may also involve special procedural requirements, particularly when a government entity is a potential defendant.
We review filing deadlines early because preserving the right to bring a lawsuit can be essential when settlement negotiations do not produce an acceptable resolution.
Legal Representation Can Reduce the Burden on Grieving Families
Surviving relatives often have numerous responsibilities after a loved one’s death. Funeral arrangements, financial matters, childcare, employment obligations, and estate-related issues may all require immediate attention.
Managing an insurance claim at the same time can add substantial stress.
Legal representation allows a family to obtain assistance with claim communications, document requests, liability investigations, and settlement evaluation. It also provides an opportunity to ask questions about legal rights before making consequential decisions.
We understand that families may want accountability, answers about what happened, and financial security for the future. Our role is to evaluate the legal issues and help them make informed decisions based on the available evidence and applicable law.
Preparing a Wrongful Death Claim for Settlement or Litigation
Not every wrongful death case requires a trial. Many claims are resolved through negotiation when the parties can agree on liability and appropriate compensation.
Nevertheless, settlement discussions should be supported by a careful understanding of the evidence and the damages involved.
When the parties disagree about responsibility, causation, or the value of the family’s losses, litigation may be necessary to pursue the claim.
We assess whether an insurer’s position is supported by the evidence and consider the available legal options when a proposed resolution does not adequately address the family’s compensable losses.
The decision to accept a settlement should be based on a clear understanding of the claim rather than pressure to resolve it quickly.
Contact HUBBARD & KURTZ, L.L.P. Before Accepting a Wrongful Death Settlement
Insurance companies may contact families soon after a fatal accident, but surviving relatives should have an opportunity to understand their rights before providing unnecessary statements or signing settlement documents.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Missouri or Kansas, contact HUBBARD & KURTZ, L.L.P. We can review the circumstances of the death, evaluate potential insurance and liability issues, and explain the legal options available to your family.
Call HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163 to discuss your wrongful death claim in Missouri or Kansas.
