In Need of a Wrongful Death Lawyer?

At Wallentine Injury Law, LLC, our skilled Kansas City personal injury lawyers and support staff understand losing a loved one is one of the most painful experiences anyone can endure. When someone else’s negligence causes that loss, the grief is compounded by anger and confusion.

At our law firm, we understand that no compensation can make up for your loss, but we believe that seeking justice is a crucial step toward finding closure. We are here to support surviving family members with compassion, guiding you through this complex and emotional legal process. Our Missouri wrongful death attorneys are committed to providing the understanding and dedication you need, advocating tirelessly to hold the responsible parties accountable and secure the compensation you and your family deserve during this tragic time.

With decades of combined experience and over 1,000 clients represented in jury trials, bench trials, motion hearings, mediations, and settlements, our Jackson County personal injury attorneys are deeply committed to helping families navigate the legal complexities of wrongful death cases. We know each case is unique, just as each loved one lost is irreplaceable. Our approach combines compassionate support with aggressive advocacy, ensuring your family receives personalized attention and a relentless pursuit of justice.

Contact us today to tell your story during a free consultation.

Wrongful Death

What Types of Missouri Wrongful Death Cases Does Wallentine Injury Law Handle?

In Missouri, wrongful death is defined as a death caused by another party’s negligence, recklessness, or intentional act. It is a civil action brought by the deceased’s family to seek compensation for their loss.

We can help you determine whether your case qualifies as wrongful death and guide you through the legal process in cases involving:

Missouri family members facing the devastating loss of a loved one due to someone else’s negligence will need a skilled Kansas City wrongful death attorney to navigate the legal process and pursue the justice they deserve.

The complexities of these cases—ranging from gathering evidence to negotiating with insurance companies and, if necessary, presenting a compelling argument in court—require dedicated legal representation.

At our firm, we take these cases because we are committed to seeking justice for grieving families. We understand that no compensation can replace your loss, but we believe in holding responsible parties accountable and securing the financial recovery that can help you begin to rebuild. Contact us today to learn more.

Who Can File a Wrongful Death Claim in Missouri?

In Missouri, specific family members are allowed to file a wrongful death claim, as outlined by Missouri Revised Statutes § 537.080.

The law establishes a clear order of priority regarding who can bring the claim, including:

  • Immediate Family Members

The primary right to file a wrongful death claim belongs to immediate family members of the deceased.

This includes:

  • Spouse of the deceased.
  • Children of the deceased (including adopted children).
  • Parents of the deceased.

If any of these relatives are living, they are eligible to file the claim.

  • Siblings or Descendants of Siblings

If there are no surviving immediate family members, the deceased’s siblings or their descendants (nieces or nephews) are next in line to file the claim.

  • Plaintiff Ad Litem

If there are no qualifying family members from the above categories, the court can appoint a plaintiff ad litem to represent the estate. This person, chosen by the court, is typically a close friend or relative willing to pursue the claim on behalf of the deceased’s estate.

What Damages Can Be Recovered in a Missouri Wrongful Death Case?

In a Missouri wrongful death case, eligible family members may recover various types of damages to compensate for the financial and emotional impact of their loss.

Missouri law allows for the pursuit of economic and non-economic damages, providing a comprehensive means of recovery for grieving families.

Here are the primary damages that can be recovered:

  • Funeral and Burial Expenses

The costs of the deceased’s funeral, burial, or cremation are recoverable in a wrongful death claim. This includes all reasonable expenses incurred by the family to lay their loved one to rest.

  • Medical Expenses

If the deceased incurred medical expenses related to the final injury or illness before passing away, the family can seek compensation. This can include hospital bills, surgery, medication, or any other necessary medical treatment that occurred before death.

  • Lost Wages and Benefits

The claim can include compensation for the income and benefits the deceased would have reasonably earned if they had lived. This includes wages and potential earnings, bonuses, retirement benefits, and other financial contributions the deceased would have made to the family over their expected lifetime.

  • Loss of Companionship, Comfort, and Support

Family members may recover damages for losing the deceased’s companionship, comfort, guidance, and support. This type of damage addresses the emotional and personal loss suffered by close family members, such as the spouse, children, and parents of the deceased.

  • Loss of Parental Guidance

If the deceased was a parent, surviving children can pursue damages for the loss of parental guidance, training, and nurturing that the parent would have provided during their upbringing. This is particularly important in cases where minor children have lost a parent.

  • Pain and Suffering of the Survivors

While Missouri law allows for compensation related to the pain and suffering of the survivors, it does not permit recovery for the pain and suffering experienced by the deceased before death. The focus is on the emotional distress, mental anguish, and grief experienced by surviving family members as a result of losing their loved ones.

  • Loss of Household Contributions

Surviving family members can also recover damages for the loss of household services the deceased provided, such as childcare, cooking, cleaning, and home maintenance. This addresses the practical impact of the loss on the family’s daily life.

  • Punitive Damages

In rare cases, punitive damages may be awarded if the wrongful death resulted from the defendant’s particularly egregious or reckless behavior. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

At Wallentine Injury Law, LLC we work diligently to identify and pursue every possible avenue for recovery. We understand that no amount of compensation can replace a lost loved one, but it can provide financial relief and a sense of justice for the family. We handle all aspects of your case, from gathering evidence to negotiating with insurance companies or litigating in court, to ensure you receive the compensation you deserve. Contact our Kansas City wrongful death attorneys today to learn more about your legal rights and options.

How Long Do I Have to File a Wrongful Death Claim in Missouri?

In Missouri, with very few exceptions, you generally have three years from the date of your loved one’s death to file a wrongful death claim. If you fail to file the claim within this period, you may lose the right to pursue compensation entirely.

It’s essential to act as soon as possible, as evidence can be lost or degraded over time, and witness memories may fade. Consulting with an experienced wrongful death attorney early in the process can help ensure you meet all legal deadlines and maximize your chances of a successful claim. We can help.

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Contact Our Compassionate Wrongful Death Attorneys in Kansas City, Missouri for Help

Wrongful Death Lawyer

If you’ve lost a loved one due to someone else’s negligence, you don’t have to face this difficult time alone. Contact our compassionate wrongful death attorneys and support staff in Kansas City today for a free, no-obligation consultation by calling (816)-934-6333 or online.

We’re here to listen, offer support, and guide you through the legal process with care and dedication. Let us fight for the justice and compensation your family deserves—reach out now to begin your path toward healing.

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