Kansas City, MO
Wrongful Death Lawyer

Roughly one out of every six accidental deaths in Missouri involves someone else’s negligence. Not freak accidents. Not random chance. Someone, somewhere, made a reckless choice—and a family paid the price.

Missouri law gives families the right to pursue a wrongful death claim. That means you could hold the responsible party accountable and recover financial support for things like lost income, funeral expenses, and the gaping hole left in your life.

But this isn’t something you have to figure out alone. At TopDog Law, our network of Kansas City wrongful death lawyers works with families like yours every day. Call (888) 778-1197, and a local attorney will review your case and explain your options.

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Your Guide to Wrongful Death Cases in Kansas City, MO

James Helm, Personal Injury Lawyer

Kansas City Wrongful Death Lawsuits: The Basics

A wrongful death lawsuit is one way families in Kansas City hold people accountable when reckless choices or outright negligence cause a death that shouldn’t have happened. Under Missouri Revised Statutes Section 537.080, certain family members have the legal right to file a wrongful death claim.

But first, it helps to know what these cases look like.

Common Accidents That Lead to Wrongful Death Claims

  • Car Accidents: Kansas City roads see thousands of crashes every year. When a drunk driver speeds through an intersection or someone texts behind the wheel, they can cause a fatal collision. Families can pursue wrongful death claims if a loved one dies in these wrecks.
  • Truck Accidents: Tractor-trailers and commercial trucks are supposed to follow strict safety regulations. But when companies push drivers to skip rest breaks or ignore maintenance issues, fatal accidents happen.
  • Motorcycle Accidents: Motorcyclists are exposed and vulnerable. When drivers fail to check their blind spots or make reckless turns, these riders don’t stand a chance.
  • Medical Malpractice: Doctors take an oath. But surgical errors, missed diagnoses, and medication mistakes can end lives that shouldn’t have been lost.
  • Workplace Accidents: Construction sites, warehouses, and factories are filled with hazards. When safety rules get ignored, deadly falls, equipment failures, and explosions follow.
  • Defective Products: A faulty airbag. A contaminated drug. A piece of machinery with no warning label. If a dangerous product leads to death, the manufacturer might be on the hook.
  • Premises Liability (Slip and Fall, Negligent Security): Property owners have a duty to keep their premises safe. A fatal fall on a wet floor or an assault due to broken security measures might justify a wrongful death claim.
  • Nursing Home Neglect or Abuse: Families trust nursing homes to care for their loved ones. When neglect leads to malnutrition, untreated infections, or fatal injuries, the facility could be liable.

Injuries That Often Lead to Wrongful Death

Not every injury is survivable. Some are simply too severe, and they end lives far too early. These are some of the common catastrophic injuries that can lead to a wrongful death lawsuit:

  • Traumatic Brain Injuries (TBI): Severe blows to the head from falls, crashes, or violent acts can cause fatal swelling or hemorrhaging in the brain.
  • Spinal Cord Injuries: Damage to the spinal cord may result in paralysis, but the most severe cases lead to complications that turn fatal—respiratory failure, infections, or cardiac issues.
  • Internal Bleeding and Organ Damage: Blunt force trauma from crashes or falls can rupture organs like the liver, spleen, or kidneys, causing internal bleeding that isn’t always immediately obvious.
  • Burns and Smoke Inhalation: Severe burns from fires, explosions, or chemical spills can overwhelm the body. Smoke inhalation can shut down the respiratory system fast.
  • Sepsis and Infections: Infections left untreated in hospitals or nursing homes can quickly become deadly, especially in the elderly or those with weakened immune systems.

Key Laws and Legal Concepts in Missouri Wrongful Death Claims

Here’s the short version of what you need to know:

  • Who Can File?
    Missouri law sets up an order of who has the legal right to sue:
    • First class: Spouse, children (including adopted), and parents
    • Second class: Siblings or their descendants
    • If nobody qualifies: A court-appointed plaintiff ad litem steps in
  • Time Limit to File (Statute of Limitations):
    You have three years from the date of death to file a wrongful death lawsuit in Missouri. After that, the court probably won’t hear your case—no matter how strong it is.

Kansas City Wrongful Death Compensation

Missouri law allows surviving family members to pursue financial compensation through a wrongful death claim. Missouri Revised Statutes Section 537.090 lays out the types of damages available in these lawsuits. The courts divide these damages into three categories: economic, non-economic, and punitive.

Economic Damages

Think of economic damages as the money side of things—the tangible financial losses that come with losing a loved one. These are expenses or losses you can calculate down to the dollar.

  • Funeral and Burial Costs: A decent funeral in Kansas City isn’t cheap. Families regularly spend thousands of dollars on caskets, burial plots, cremation services, and memorials. Missouri law allows you to recover these expenses in a wrongful death claim.
  • Medical Expenses Incurred Before Death: If the deceased received emergency medical treatment before passing away—ambulances, surgeries, hospital stays—those bills get sent to the family. A wrongful death claim may cover these costs.
  • Loss of Income and Benefits: If the person who died was the breadwinner (or even partially responsible for household income), the family gets hit hard. Missouri law allows you to claim the lost wages, bonuses, health insurance, retirement benefits, and other earnings they would have provided if they were still alive.
  • Loss of Services: Not everything valuable comes with a paycheck. If the deceased handled things like childcare, home maintenance, or elder care, Missouri law recognizes those contributions. The value of these services can be factored into economic damages.

Non-Economic Damages

Some losses don’t come with receipts. They’re about human connection, love, and the pain that comes with losing those things.

  • Loss of Companionship, Comfort, and Support: Missouri law allows families to seek compensation for the loss of the deceased’s companionship and emotional support. This includes guidance a parent gives to a child or the love and partnership shared between spouses.
  • Pain and Suffering of the Deceased Before Death: If the person who died suffered before they passed away—physical pain, mental anguish—those damages might be included in the claim.
  • Grief and Mental Anguish of Surviving Family Members: Missouri recognizes the emotional toll a wrongful death takes on family members. You may be entitled to damages for your own emotional suffering and trauma after the loss.

Punitive Damages

Missouri law only allows punitive damages when the defendant’s actions show “complete indifference to or conscious disregard for the safety of others.”

  • Examples of Cases That Might Include Punitive Damages:
    • A drunk driver with multiple DUIs causes a fatal crash
    • A trucking company forces drivers to skip required rest breaks, leading to a deadly wreck
    • A nursing home knowingly hires unqualified staff, resulting in fatal neglect

Where Do Fatal Accidents Occur in Kansas City?

High-Risk Roads and Intersections

Several roads and intersections stand out:

  • Interstate 70 (I-70): This major east-west artery sees heavy traffic, and its congestion contributes to numerous accidents.​
  • U.S. Route 71 (Highway 71): Running north-south, this highway’s complex interchanges and varying speed limits have been the scene of many collisions.​
  • Blue Parkway and Swope Parkway: These parallel routes in the southeastern part of the city are frequent sites for accidents, particularly at intersections lacking adequate signaling.​
  • Troost Avenue: A major north-south street, Troost Avenue has experienced its share of serious accidents, especially where it intersects with high-speed roads.​
  • Truman Road: Running through industrial and residential areas, this road’s mix of traffic types increases the likelihood of accidents.​
  • Ward Parkway: Known for its scenic views, drivers sometimes pay more attention to the surroundings than the road, leading to mishaps.​
  • Gregory Boulevard: This east-west street has several intersections that have been problematic due to poor visibility and signage.​

Specific intersections have also been identified as particularly hazardous:​

  • 39th Street and Prospect Avenue: A high volume of traffic combined with complex turning patterns makes this intersection risky.​
  • 75th Street and Wornall Road: Frequent accidents here have been attributed to confusing lane markings and heavy pedestrian traffic.​
  • Front Street and I-35 Interchange: The convergence of multiple lanes and high-speed traffic has led to numerous collisions.

Fighting the Insurance Company After a Wrongful Death

Filing a wrongful death claim is one thing. Getting the compensation a family deserves is another. Insurance companies don’t exist to make life easier for grieving families—they exist to protect their bottom line. And they’re very good at it.

How Insurance Companies Reduce Payouts

An insurance company’s first move typically comes wrapped in sympathy. An adjuster might say, “We’re so sorry for your loss,” while sliding a lowball offer across the metaphorical table. The hope is you take the money and waive your rights to ask for anything else. Here’s how they do it:

  • Quick Settlement Offers: Insurers like to move fast. They offer a settlement before a family has time to figure out the full value of their claim. Once that money is accepted, it’s game over—no chance to reopen the case, even if new expenses come to light.
  • Dragging Out the Process: If a family doesn’t take the quick offer, the opposite tactic kicks in. Delays. Phone calls that never come. Paperwork that gets “lost.” They stretch things out, betting that mounting bills and emotional exhaustion will make you settle for less.
  • Blaming the Deceased: Missouri uses a comparative fault system under Missouri Revised Statutes Section 537.765. If the insurer can argue the deceased was partially responsible for their own death, they can reduce the payout. Even assigning 10% of the blame to the victim cuts the potential settlement by the same percentage.
  • Questioning the Relationship: Insurers dig into family dynamics. They may question whether a claimant had a “meaningful” relationship with the deceased. Missouri law limits who can file under Section 537.080, but that doesn’t stop insurers from testing the boundaries.
  • Challenging Damages: They’ll argue that non-economic damages are subjective and should be minimized. They may insist that grief or loss of companionship isn’t worth much—or that the deceased’s contributions were less than claimed.

How a Local Lawyer Fights Back

Insurance companies don’t fear phone calls or emails. They fear litigation. An experienced wrongful death lawyer knows how to counter these tactics and put pressure where it matters. Here’s how the process works when a qualified Kansas City attorney takes charge:

  • Building a Strong Case Early: A wrongful death lawyer doesn’t wait for the insurer to set the narrative. They collect evidence immediately—police reports, witness statements, accident reconstructions, medical records. They lock down the facts.
  • Calculating Full Damages: Lawyers work with economists and medical experts to calculate the full scope of losses, both economic and non-economic. They don’t rely on the insurer’s math.
  • Negotiating from a Position of Strength: With a well-prepared case, the lawyer comes to the negotiation table ready to walk away if the offer doesn’t meet expectations. And if that happens, they file a lawsuit.
  • Filing a Lawsuit When Necessary: In Missouri, wrongful death lawsuits go through the circuit courts. Once filed, the case becomes public record. Insurance companies don’t like juries deciding payouts—they prefer backroom deals. The threat of a trial often forces more reasonable settlement offers.
  • Pushing Back on Comparative Fault Claims: If the insurer tries to shift blame, the lawyer presents evidence to show the defendant’s responsibility. They counter every claim with documentation, expert testimony, and legal arguments grounded in Missouri law.
  • Protecting the Family’s Rights: From day one, an attorney acts as a buffer. Insurance companies deal with the legal representative, not the grieving family. That distance keeps families from being manipulated or worn down by the claims process.
Personal Injury Lawyer

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TopDog Law Personal Injury Lawyers

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Kansas City, MO 64108

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