Helping Kansas City Families Recover from the Wrongful Death of a Loved One
The sudden and unexpected loss of a loved is not only emotionally devastating; families also find themselves faced with very real and urgent financial needs to cover medical bills, funeral and burial expenses, and to make up for the loss of income or other services the deceased provided to the family. The attorneys at Gorny Dandurand work with you to see that you get the compensation you need to cover your expenses and move forward with your life. Importantly, the civil justice system is a way to hold wrongdoers accountable for the damage they have caused and to help families find closure or relief in a difficult time.
Wrongful Death in Missouri
Missouri law allows certain family members to bring a wrongful death lawsuit. First, a surviving spouse, child, parent or other lineal descendant of the deceased can bring a case. If none of these individuals are able to do so, then a brother or sister, or their descendants, may bring the wrongful death action. Finally, any heir may institute a wrongful death suit.
In a wrongful death case, Missouri laws allows a jury to award virtually any kind and amount of damages that it deems fair and just. Typically, family members are provided with compensation to cover funeral and burial services and related expenses, including damages accumulated between the time of the injury and the death. Juries may also award damages for the loss of consortium, companionship and comfort that is now missing, as well as the loss of guidance and instruction, counsel and support the deceased would have provided. Missouri specifically excludes damages for grief or bereavement from being awarded.
Wrongful Death in Kansas
Any heir may bring a wrongful death lawsuit in Kansas, for the benefit of the estate. Kansas does not distinguish among classes of family members or heirs. Also, Kansas law does allow recovery of the full range of legal damages, including compensation for mental anguish and suffering. However, Kansas does distinguish between “economic” and “non-economic” damages. Although family members can recover the full amount of economic damages, such as funeral and burial expenses, medical bills, lost wages, and the value of lost household services, non-economic damages are capped at $250,000. Non-economic damages are those injuries such as grief and bereavement, the loss of society, companionship, care and comfort, etc.
How an Experienced Attorney can Help
Wrongful death cases are often more difficult to prove than personal injury cases, both in terms of the liability of the responsible parties, and the proper assessment of money damages. As experienced and successful courtroom litigators, the attorneys at Gorny Dandurand know how to prepare and present a strong case for a fair amount of compensation, whether in trial or out-of-court settlement. It can be difficult to focus on litigation after the loss of a loved one. Let the compassionate and dedicated attorneys at Gorny Dandurand help. Call 816-756-5071 for a no-cost consultation.