Why You Should Speak with an Attorney about a Wrongful Death Claim

by | Oct 24, 2023 | Blog | 0 comments

If you believe your loved one has died due to negligence or intentional wrongdoing, you may be considering pursuing a wrongful death claim to seek compensation and justice for your loss. Speaking with an attorney is an essential step in this process. Here are some guidelines for speaking with an attorney about a wrongful death claim.

What is a wrongful death claim?

A wrongful death claim is when an individual dies due to someone else’s negligence, negligent action, willful, or intentional acts. Wrongful death claims typically involve medical malpractice, car accidents, workplace incidents, defective products, or criminal activities. An example of active negligence would be a drunk driver causing an accident that resulted in injury or death or a physician failing to provide reasonable and safe care, resulting in their patient’s death.

Who can file a wrongful death claim?

Surviving family members or designated beneficiaries may file a wrongful death claim to seek compensation for their loss. The eligible individuals who can file a wrongful death claim may vary by state and the circumstances of the case but generally include the deceased person’s spouse, children, parents, or other dependents. The damages recovered can consist of medical and funeral expenses, lost income and benefits, loss of future inheritance, pain and suffering due to losing a loved one, and a loss of consortium or companionship. 

Elements of a successful wrongful death claim?

To be successful in a wrongful death claim, the plaintiff must prove that the defendant was legally responsible for the death of their loved one due to their negligence or intentional actions. This requires thoroughly investigating the death’s circumstances and gathering evidence to support the claim. The plaintiff must also demonstrate that they have suffered damages due to the death. A skilled attorney can provide guidance and support throughout the legal process and help the plaintiff build a solid case to pursue compensation and justice for their loss. However, it’s important to note that every case is unique, and the outcome of a wrongful death claim will depend on the specific facts and circumstances of the case. Missouri’s statute of limitations is three years, and Kansas is two years from the date of death to file a claim.

Losing a loved one to a preventable death is incredibly difficult.The Law Offices of Reginald Keith Davis are compassionate and experienced wrongful death attorneys who will guide you through this challenging process. Contact us now for your confidential consultation.

Licensed in Kansas and Missouri. ** Se habla Español

Phone: (913) 299-8789