Wrongful Death Attorney in Overland Park

According to statistics from the Kansas Department of Transportation, there were 64,935 crashes across the state in 2019, causing 410 fatalities. The death of a loved one can be highly emotional and heartbreaking, especially if someone else’s wrongful actions caused it. Fortunately, wrongful death laws in Kansas and Missouri are designed to hold the liable parties responsible and compensate the decedent’s surviving family members for such an unanticipated loss.

GroverLawKC proudly serves clients in Overland Park and throughout Kansas and Missouri, including Olathe, Shawnee, Kansas City, Independence, and Liberty.

Why File a Wrongful Death Claim

Wrongful death can be described as a death that occurred due to the wrongful, negligent, careless, or intentional act of another person. The purpose of a wrongful death action is to:

• Hold the liable party responsible for a preventable accident that caused the victim’s death
• Compensate the surviving family members of the decedent for their unexpected loss
• Make sure such an unfortunate incident doesn’t happen to other persons or families

No amount of money is enough to bring the decedent back. However, financial compensation recovered through a wrongful death claim can provide the family members with a much-needed financial boost to cover outstanding medical bills, lost wages/income, burial and funeral expenses, and more.

What Constitutes Wrongful Death in Kansas & Missouri

Under Kansas law, a wrongful death occurs when “the death of a person is caused by the wrongful act or omission of another.”

Under Missouri law, wrongful death is defined as a death that occurred due to “any act, conduct, occurrence, transaction, or circumstance” of another person.

To file a wrongful death claim in Kansas and Missouri, the plaintiff must show that:

• The responsible party owed a legal duty of care to the victim.
• The responsible party breached the duty of care.
• A death occurred.
• The breach caused the accident or injuries, which resulted in the victim’s death.
• The surviving family members suffered actual damages from the death.

A skilled wrongful death attorney in Overland Park can explain the process for filing a wrongful death claim, who is eligible to file, and the time limit.

Who Can File a Wrongful Death Claim in Kansas

Under Kansas law, the decedent’s “heirs at law” who have suffered a loss from the death may be eligible to file a wrongful death action. These include the surviving spouse, children, parents, grandparents, and siblings.

Time Limits for Filing

In Kansas, the wrongful death statute of limitations indicates that a claim must be filed within two years from the date of the decedent’s death.

Who Can File a Wrongful Death Claim in Missouri

Under Missouri law, the following individuals may be eligible to file a wrongful death claim:

• First in line: the surviving spouse, parents, children, or children’s descendants of the decedent
• Next, the decedent’s surviving siblings or their descendants
• Next, a “plaintiff ad litem” appointed by the Missouri court to handle the claim

Time Limits for Filing

According to the Missouri wrongful death statute of limitations, a civil remedy to seek damages for wrongful death must be filed within three years from the date of the decedent’s death.

Damages Available

The following damages may be recovered by filing a wrongful death claim:

• Medical expenses related to the decedent’s final illness or injury
• Lost wages, including the amount the decedent would have earned as income
• Compensation for mental anguish, pain, and suffering, or bereavement experienced by the survivors
• Compensation for loss of care, companionship, support, and guidance
• The reasonable value of the services and consortium the decedent would have provided their surviving loved ones

An experienced Overland Park wrongful death lawyer can help you explore your options for pursuing damages and seek fair compensation for your loss.

Work With an Experienced Personal Injury Attorney

Losing a family member can be an overwhelming experience. Such an untimely loss can affect you financially, emotionally, and mentally. Regardless, you don’t need to face all the challenges alone. If another person’s carelessness caused your loved one’s death, hiring a skilled personal injury attorney immediately is crucial to protect your rights and help pursue the financial justice you deserve.

For over two decades, Attorney Mark Grover has devoted his career to handling personal injury cases and representing families of wrongful death victims. Using his knowledge of the laws addressing liability in wrongful death cases, he can help guide you through the often complex legal process. Wrongful death attorney Mark Grover and his legal staff are ready to fight compassionately to protect your best interest and seek fair financial compensation to cover outstanding medical expenses, funeral and burial expenses, lost income, and loss of consortium.

Wrongful Death Attorney Serving Overland Park

If you have lost a family member, spouse, parent, or child to a negligent party’s actions, you deserve experienced guidance and reliable representation. Contact GroverLawKC today to schedule a simple case assessment. The firm proudly serves clients in Overland Park and throughout Kansas and Missouri, including Independence, Shawnee, Liberty, Olathe, and Kansas City.