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Losing a loved one due to someone else’s actions is overwhelming, and knowing where to begin when seeking legal help can feel daunting. Even when you find legal support, it’s often hard to focus on the facts and options when the emotional weight of the loss is still fresh.
If you're thinking about pursuing a wrongful death lawsuit, this blog will help you understand what to expect during the process.
One of the best ways to start is by looking at real examples from people in your community who have faced similar situations. In one case, Popham Law worked alongside a team of lawyers to help a family after the tragic loss of a mother, wife, and grandmother in a fatal car crash, which also injured a child. While most of our cases are handled in-house, we’re honored to collaborate with other legal professionals when necessary. This case not only united the legal community but also provided a family with the justice and support they deserved.
In 2019, Darin Lutman’s vehicle collided with Sondra Murrell’s, resulting in her death and injuring her grandson. Her daughter, Tanya Busch, filed a wrongful death lawsuit in Benton County, Missouri, addressing not just the physical injuries but also the emotional and psychological toll. The Murrell family’s legal team included Andrew J. Gelbach and Samuel Gonzalez, with support from Dirk Vandever of Popham Law and Mark Emison of Langdon and Emison. In 2023, the family was awarded $9 million for their losses.
Traffic fatalities remain a serious issue in Kansas City, with 102 deaths reported in 2023 alone. Efforts like Vision Zero aim to make roads safer, but preventing wrongful deaths from car accidents is a responsibility we all share. Tragically, many of these deaths are preventable, caused by negligence or reckless driving.
Wrongful death cases in Kansas City aren’t limited to car accidents. These tragedies can occur in hospitals, nursing homes, schools, or even on someone’s property.
What Classifies as a Wrongful Death in Kansas City?
When someone dies due to another’s negligence or intentional actions, it constitutes a wrongful death. This type of legal claim mirrors a personal injury case the deceased could have pursued if they had survived. Instead, a wrongful death suit is filed by a plaintiff affected by the loss, such as a spouse or child.
A plaintiff may seek compensation for:
- Medical expenses incurred from the date of the accident to the date of death
- Funeral and burial expenses
- Lost wages, both current and future
- Loss of consortium, companionship, and support
- Pain and suffering
- Punitive damages, in certain cases (e.g., drunk driving accidents)
Pursuing a wrongful death claim during a period of grief can be particularly challenging. However, with the expertise of the personal injury attorneys, you can trust that your case will be managed with the highest level of care and commitment to securing fair compensation for your loss.
Causes of Wrongful Death
Various circumstances can lead to a wrongful death claim, including:
- Bicycle and pedestrian accidents
- Car accidents
- Defective products
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse and neglect
- Premises liability accidents, such as slip-and-falls
- Sport-related accidents
- Inadequate security and other premises liability issues
- Acts of violence
- Truck accidents
- Workplace accidents
To establish a wrongful death claim, your lawyer must demonstrate that the responsible party failed to exercise reasonable care, resulting in the death of the deceased.
Proving Wrongful Death
To succeed in a wrongful death claim, the plaintiff must prove:
- Duty of care
- Breach of duty or negligence
- Causation
- Damages or financial losses
An experienced wrongful death lawyer will investigate and prove that the defendant breached their duty of care, leading to the fatal accident.
Who Can File a Wrongful Death Claim?
The following individuals can file a wrongful death claim:
- Spouse
- Children
- Parents (including in cases of a child's wrongful death)
- Grandparents
- Siblings
A representative from among these survivors will file the claim to seek damages the deceased would have been entitled to had they survived.
Time Limits (Statute of Limitations)
There are specific time limits for filing a wrongful death claim:
- Missouri: Three years from the date of death
- Kansas: Two years from the date of death
Certain cases may have shorter deadlines. Missing these deadlines forfeits the opportunity to recover compensation. Although financial compensation cannot replace a loved one, it can cover expenses such as:
- Funeral and burial costs
- Medical expenses from the incident to death
- Lost income and work-related benefits
- Lost companionship, service, and support
- Other related expenses
Given the complexity of building a case, it is crucial to consult with an attorney as soon as possible.
Legal Challenges and Solutions
Filing a wrongful death case involves proving negligence, establishing causation, and handling complex insurance claims. This requires gathering evidence and expert testimony. Insurance companies may contest liability or offer insufficient compensation. An experienced attorney at Popham Law can address these challenges by conducting thorough investigations, gathering strong evidence, and negotiating effectively with insurers to secure fair compensation.
Emotional and Psychological Impact
The loss of a loved one in a wrongful death case deeply affects survivors, leading to grief, confusion, and anger, which can result in severe psychological issues such as depression, anxiety, and PTSD. Pursuing a wrongful death claim while coping with such emotional pain can be overwhelming. Support from mental health professionals and counseling services can be an important part of life during the legal process, so survivors can manage their grief and emotional challenges during this difficult time.
Kansas City Wrongful Death Lawyers—Popham Law
While no amount of money can bring back your loved one, financial compensation is essential for holding the responsible parties accountable and easing the financial impact of your loss. At Popham Law, we deeply understand the grief and challenges faced by families during this time.
Since 1918, our firm has been dedicated to advocating for families in wrongful death cases, ensuring they receive the compensation needed for funeral costs, medical expenses, and lost income. We are committed to guiding you through the complexities of wrongful death claims with compassion and expertise. Contact us at (844) 243-2288 or use our online contact form to get started.
