Wrongful Death Lawyer in Kansas City & Overland Park
A wrongful death claim allows certain surviving family members to seek compensation when a loved one’s death was caused by another party’s negligence or wrongdoing — a fatal car or truck accident, a fatal fall, medical malpractice, or another preventable incident. Both Kansas and Missouri define specific categories of eligible survivors who may bring the claim, and the process runs separately from (though sometimes alongside) any criminal proceedings related to the same incident.
Key Points
- Eligible survivors typically include a spouse, children, and in some circumstances parents or other dependents, with the specific order and categories set by state statute
- Recoverable damages can include funeral and burial expenses, the decedent’s lost future earnings and benefits, loss of companionship and guidance, and in some cases punitive damages
- A wrongful death claim is separate from any criminal charges that may be filed against the at-fault party — the civil and criminal processes proceed independently
- Missouri and Kansas each have their own wrongful death statutes with different eligible-claimant rules and procedural requirements
Considerations
- Only certain family members have legal standing to bring a wrongful death claim — confirming who qualifies under the applicable state’s statute is an early, important step
- Evidence preservation is especially time-sensitive in fatal accident cases, since there is no surviving victim to describe what happened
- A wrongful death claim and a separate "survival action" (for the decedent’s own pain and suffering before death) can sometimes both apply, depending on the circumstances and state
Kansas & Missouri Law Note
Wrongful death claims in both Kansas and Missouri are entirely creatures of statute (K.S.A. § 60-1901 et seq. in Kansas; RSMo § 537.080 in Missouri) — the right to sue, who may sue, and what damages are available all depend on the specific statutory language, which differs between the two states.
Related Questions
My accident happened near the Kansas-Missouri border. Which state’s law applies?
Generally, the law of the state where the accident actually occurred applies — so an accident on the Kansas side of State Line Road is governed by Kansas law, even if the at-fault driver is from Missouri, and vice versa. This matters a great deal because the two states have different comparative fault rules and filing deadlines. GroverLawKC is licensed in both Kansas and Missouri and regularly handles cases where this exact question comes up.
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