The sudden loss of a loved one is an unimaginable tragedy, especially when their death was preventable. Families left behind often endure emotional devastation compounded by financial and other practical challenges.
For many, filing a wrongful death lawsuit provides not only a sense of justice but critical financial relief. But who can file a wrongful death lawsuit in Kansas City? This blog answers that question while offering a compassionate guide to help families navigate this complex legal process.
At Dempsey Kingsland & Osteen, P.C., we are committed to supporting grieving families during their most challenging moments.
With over 20 years of experience and a reputation for handling the most complex cases, our wrongful death lawyers in Kansas City ensures no stone is left unturned in your pursuit of justice. Contact us today to get started.
Understanding Wrongful Death Laws in Kansas and Missouri
Kansas City spans both Kansas and Missouri, but wrongful death laws differ slightly between the two states. Each state has specific rules about who can file a claim, how long families have to act, and what types of damages they can seek.
These laws aim to compensate family members for the untimely loss of a loved one due to negligence, recklessness, or intentional wrongdoing.
Common Causes of Wrongful Death
Wrongful death claims arise from a variety of tragic circumstances, including:
- Medical malpractice. Misdiagnosis, surgical errors, and medication mistakes are common examples of preventable deaths caused by negligence in healthcare.
- Car accidents. Drunk driving, distracted driving, or defective vehicle parts can lead to fatal collisions.
- Workplace accidents. Unsafe conditions, lack of proper equipment, or defective machinery often result in catastrophic fatalities.
- Nursing home neglect. Failing to meet basic care standards in elder care facilities can lead to preventable deaths.
At Dempsey Kingsland & Osteen, we specialize in cases involving death caused by medical malpractice, offering unmatched expertise and access to medical professionals to strengthen every case.
Who Can File a Wrongful Death Lawsuit in Kansas City?
Losing a loved one due to someone else’s negligence is a heartbreaking and life-altering event. Understanding who has the legal right to pursue justice through a wrongful death lawsuit is a critical first step in seeking accountability and financial relief for your family.
Consulting with an experienced Kansas City wrongful death lawyer is essential for families unsure about their eligibility. You may have questions like, can a sibling file a wrongful death suit?
At Dempsey Kingsland & Osteen, we provide clear guidance, ensuring you understand who can file a wrongful death lawsuit under your state’s applicable law. These are the general guidelines for Missouri and Kansas:
Missouri Law
Missouri law dictates a specific order of individuals who can file a wrongful death lawsuit. Immediate family members, including the deceased’s spouse, children, or parents, have the first right to file.
If none of these relatives are alive, Missouri law permits siblings or their descendants to bring the claim. This ensures that the wrongful death claim will fall to someone in the event that no immediate family member is available.
Kansas Law
Kansas law is more inclusive, allowing any heir-at-law of the deceased to file a claim. This category often includes the deceased’s spouse, children, or parents but may also extend to siblings, depending on the family situation. The notable difference here is that Kansas does not give certain family members priority.
Timing Is Critical: How Long Can You Wait to File a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit requires adhering to strict legal deadlines. In Missouri, families have three years from the date of death to file, while in Kansas, the statute of limitations is two years.
There are some exceptions to these rules in special circumstances, so it is important to check with an experienced attorney to ensure you know the deadline in your case.
Courts strictly enforce these time limits. Missing the deadline can result in the permanent loss of your right to seek compensation, no matter how strong your case may be.
Acting promptly also ensures that crucial evidence, such as medical records and witness statements, is preserved. If you’re unsure about the deadline in your case, contact us immediately to avoid costly delays.
Filing a Wrongful Death Lawsuit: How the Process Works
Filing a wrongful death lawsuit can seem overwhelming, but with the right legal team, you can focus on healing while we handle the complexities. At Dempsey Kingsland & Osteen, we:
- Conduct exhaustive investigations into the circumstances of the death, ensuring every detail is uncovered;
- Work with in-house medical professionals, such as Diane Plantz, JD, MD, to analyze evidence in cases involving death caused by medical malpractice;
- Collaborate with a network of experts, including accident reconstructionists, economists, and forensic specialists, to build a strong case; and
- Prioritize open and compassionate communication with families, ensuring you are supported every step of the way.
This thorough, team-based approach allows us to consistently achieve justice for our clients, even in the most complex cases.
Why Choose Dempsey Kingsland & Osteen?
With a proven track record of handling high-stakes wrongful death cases, our firm is recognized as Kansas City’s premier law firm for catastrophic injury and medical malpractice wrongful death attorney services. Our reputation extends beyond the courtroom, as insurance companies often prefer to settle rather than face us in trial.
We are more than just attorneys—we are advocates for our clients, combining legal expertise with genuine compassion. Whether meeting families in their homes, offering evening consultations, or providing access to cutting-edge medical analysis, we go above and beyond to ensure our clients feel supported.
Contact a Kansas City Wrongful Death Lawyer
If you’re wondering who can file a wrongful death lawsuit or how to start the legal process, the compassionate team at Dempsey Kingsland & Osteen is here to help. We understand the profound impact of losing a loved one and are here to help families find justice and financial stability.
We offer free consultations, including evening and weekend appointments, and will visit you at home or in the hospital if necessary. Let us use our extensive experience and unmatched resources to help you. Contact us today to begin your path to justice.
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