When it comes to staying safe on the road, there’s a lot you can do to improve your odds. But the unfortunate truth is, we all take a small risk on when we get behind the wheel of our cars. If a family member has recently died in a car accident at the fault of someone else, it may be appropriate to file a wrongful death claim. Read on to find out what you need to know.
What is a Wrongful Death Claim?
When an auto accident occurs and someone dies due to the fault of another person or entity, it’s called wrongful death.
Who Can Sue for Wrongful Death?
In the states of Kansas and Missouri, the following people can sue for wrongful death.
- the surviving spouse of someone killed
- any surviving child
- any surviving parents or grandparents
- any surviving siblings
- a legal heir or representative of the person’s estate
These people are entitled to sue for wrongful death as they will be the ones to receive any damages paid.
Who Can Be Sued for Wrongful Death?
There are many potential plaintiffs for wrongful death lawsuits, including the following:
- another driver
- the employer of another commercial driver
- the contractors behind a poorly designed or dangerous roadway
- a car manufacturer or repair shop
- other people or businesses that sold or served alcohol to an impaired driver
A wrongful death attorney can help you determine whom you should sue in the event of wrongful death.
How Long to I Have to Decide to File a Wrongful Death Claim?
Both Kansas and Missouri have a statute of limitations on filing a wrongful death claim. In Kansas, the claim must be filed within two years of the death. In Missouri, you have three years to file.
Why Should I File a Wrongful Death Claim?
Losing a loved one is difficult enough already, and wrongful death cases are often especially painful because of the feelings of a life cut much too short. And while it may seem like a lawsuit could drag out the grieving process, in truth, when handled by a respectful, professional wrongful death attorney, families can often find both emotional and financial closure through the process.
There are a lot of expenses related to death that we don’t often think about while living, including funeral and burial expenses, medical bills, emotional and psychological support for the surviving family members and more. Beyond that, a wrongful death suit can help compensate survivors for the value of wages the deceased would have likely earned as well as pain and suffering experienced by the deceased prior to their death.
Grover Law Can Help You With Wrongful Death Claim
Deciding whether or not to file a wrongful death claim is a difficult decision compounded by the fact that the decision must be made during a very difficult time. Our attorneys at Grover Law understand and will respectfully, professionally, and swiftly analyze your case and help you decide how to proceed.
And because we know you’re already footing a lot of bills, our case evaluations are always free. If you’re looking to speak with an attorney about a wrongful death claim, give us a call at 913-432-1000 or visit our website for more information.