What Constitutes Wrongful Death in Missouri?
Wrongful death occurs when someone dies in an accident due to another party’s negligence. Death may also occur due to deliberate acts of wrongdoing, such as a fight that leads to stabbing, resulting in death. You can pursue a wrongful death lawsuit when an individual knowingly or negligently causes the death of a loved one.
Criminal cases in this situation are often complex, and the defendant may not be found guilty of the criminal charge. However, they may be found liable in a wrongful death action. Lawyers from a reputable personal injury law firm in Kansas City can provide the legal counsel you need during this trying time. They can help you file a lawsuit and fight for the compensation you deserve.
What Are the Causes of Wrongful Death?
Wrongful death accidents can strike at any time due to various reasons caused by one or more parties:
Car and Other Motor Vehicle Accidents
One or more parties could be responsible for a car crash that leads to wrongful death. For example, the drivers involved could have been distracted or driving under the influence of alcohol or drugs when the accident happened. Poor road conditions could also be to blame for the accident due to the negligence of the parties responsible for maintaining the roads.
Aggressive wrongful death lawyers in Kansas City can investigate the accident and determine liability to help you pursue compensation.
If an employer fails to provide safety measures in a working environment, they can be held liable for a death resulting from workplace hazards or accidents. An investigation into the cause of the accident by wrongful death attorneys in Kansas City could reveal other parties liable for the wrongful death.
For example, if the accident leading to death was due to a slip and fall on a poorly constructed or lit staircase, the building or electrical contractors could be found liable. However, proving their negligence and liability can be complex and lengthy, and that’s where skilled personal injury attorneys in Kansas City come in to help.
Sometimes patients lose their lives for otherwise avoidable reasons during their medical treatment and care. When healthcare professionals fail to provide the required standard of care, leading to the wrongful death of an individual, they can be held liable for the damages.
Depending on the case specifics, parties that could be found negligent include the nurses, doctors, hospital, and medical device providers. If you lost a loved one in what you believed to be a case of medical negligence, you can consult attorneys from a Kansas City personal injury law firm. They can investigate the matter and fight to ensure you recover compensation for your untimely loss.
Manufacturers, product designers, sellers, and distributors are responsible for ensuring their products are reasonably safe before releasing them to the market. Depending on the case specifics, they can be held liable in a wrongful death lawsuit.
Defective products can have devastating consequences as consumers use them. They can cause severe accidents with life-altering consequences. A compensation claim can be based on manufacturing defects, design defects, or failure to warn.
Nursing Home Abuse and Neglect
Negligence by caregivers and nursing home staff is a leading cause of wrongful death cases in nursing homes. The facilities are supposed to provide favorable sanitary and living conditions for the residents. When they fail in their duty and a wrongful death occurs, various parties can be held liable on these grounds depending on the findings of the investigations.
How Can I Prove a Wrongful Death Claim or Negligence in a Wrongful Death Case?
When you file a wrongful death claim, you must prove four crucial elements to obtain compensation. The elements are complex to prove for a plaintiff without knowledge of the legal jargon. That’s why you should have experienced Kansas City wrongful death lawyers by your side to help you.
- Duty of care: Your lawyer will help you prove that the defendant was obligated to conduct themselves safely and reasonably to the deceased person under the circumstances of the accident.
- Breach of duty of care: Once your lawyer establishes a duty of care, they must prove that the defendant breached that duty through negligence, intent to harm, or wrongdoing.
- Causation: There must be a direct relationship between the defendant’s breach of duty of care and the wrongful death. In other words, your lawyer must show that the death would not have occurred “but for” the defendant’s actions.
- Damages: ‘Damages’ is the legal term for the losses you suffered for losing your loved one in a wrongful death incident. Your lawyer will help you prove the compensable damages associated with the death of your loved one. Typical damages include lost wages and future earnings, medical bills, funeral and burial expenses, and pain and suffering.
Courts may also award punitive damages in addition to standard damages depending on the circumstances surrounding the case. This compensation punishes the negligent party for their negligence or wrongful behavior and warns others not to engage in similar behavior.
Fight for the Compensation You Deserve Following a Wrongful Loss of a Loved One
Losing a loved one due to another party’s negligence or wrongful act can be traumatizing. It can make your life very difficult if the deceased is the breadwinner. That’s why you should fight to recover compensation for the loss from the negligent party or parties. Experienced Kansas City wrongful death lawyers can help you determine liability and file a claim.
Our dedicated wrongful death attorneys can help you with every aspect of your case. Once you contact us, we can evaluate your case, collect the necessary evidence, help you meet the states’ filing requirements and deadlines, and build a solid case to fight for the compensation you deserve. Call Mohlman Gurney Injury Law at 816-648-6000 to schedule a FREE in-depth consultation.