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Kansas City Wrongful Death Attorneys

Filing a Wrongful Death Claim in Missouri

When a person dies due to the negligent or wrongful act of another person or party, members of the victim’s family have the right to seek monetary damages in a civil lawsuit for wrongful death. However, there are certain limitations that have been placed on wrongful death lawsuits in Missouri and in other states in the U.S.

If your loved one was tragically killed in an accident or after sustaining injuries caused by someone else’s negligent or wrongful conduct, we at Shamberg, Johnson & Bergman, Chtd. offer our sincerest condolences. We are here to help you seek justice and fair financial compensation for the unexpected challenges you have been forced to face. While no amount of monetary recovery can truly compensate you for what you and your family have endured, a successful wrongful death claim can provide you with the resources and justice you need to heal.

To learn more, please contact us at (816) 542-5999. Your initial consultation is completely free and confidential, and we do not collect any attorneys’ fees unless we win your case.

What Qualifies as a Wrongful Death Claim?

When someone dies due to the fault of another person or entity—whether by accident or otherwise—certain surviving family members may be justified in pursuing compensation for their loss, including lost wages from the deceased, lost companionship, funeral expenses, or even mental anguish and emotional trauma.

Every state has some form of wrongful death law involving all types of fatal accidents, from car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently, which occurs when they fail to act as a reasonable person would have acted, or for acting with deliberate attempt to cause harm or death.

Who May Bring a Claim & Under What Circumstances?

You and others in your immediate family who have suffered from the loss of love, companionship, and/or loss of financial support of a deceased loved one are entitled to just compensation.

In Missouri, the following individuals (in order) may file a wrongful death action:

  • The surviving spouse/domestic partner of the deceased
  • The deceased’s surviving child/children
  • The deceased’s surviving grandchild/grandchildren
  • The surviving parent(s) of the deceased
  • The surviving sibling(s) of the deceased

If the deceased has no surviving spouse/domestic partner, children, grandchildren, parent, or sibling, the personal representative of the deceased’s estate may file a wrongful death claim. If no such representative exists, the court may appoint one.

Damages in Wrongful Death Claims

Damages for wrongful death may be claimed by the victim’s dependents. Dependents may include minor children, a spouse, or the dependent parents of the deceased victim. In certain cases, the victim’s siblings may have the right to claim compensation for wrongful death, but limitations have been set on the legal claimants for a wrongful death lawsuit. Only one wrongful death lawsuit may be initiated for the set of facts in question.

The victim’s claimants or dependents or their legal representative must present evidence to support their case alleging wrongful death. Since this is a civil lawsuit, wrongful death lawsuits have a relatively lower degree of proof than a criminal trial. Wrongful death lawsuits do not need to meet the high standard of “beyond a reasonable doubt” that applies in a criminal case. The burden of proving the case, however, lies with the claimants, and they must do so by a preponderance of the evidence. The plaintiffs can present their evidence before either a judge or a jury.

Damages that can be recovered in a wrongful death lawsuit in Missouri include:

  • Funeral expenses
  • Medical expenses incurred prior to death
  • Loss of support, guidance, comfort, and companionship
  • Pain and suffering experienced by the decedent after the injury and prior to death

No damages are recoverable for grief or bereavement on the part of surviving family members and/or loved ones.

How Our Legal Team Can Help Your Family

Wrongful death lawsuits can be very complex. If you believe a loved one’s death was caused by the negligence or wrongdoing of a person or company, an experienced Kansas City wrongful death lawyer at our firm can help you evaluate your options.

At Shamberg, Johnson & Bergman, Chtd., we understand the emotional issues that arise after losing a family member. Allow us to sit down with you to discuss the specific circumstances of your loved one’s death and to help you through this very difficult time. You can rely on our team to take care of the legal matters so you and your family can cope emotionally. While monetary damages cannot make your life the same, they will help you to pay the necessary expenses so that you can begin to move forward with your life.

Get in touch with us today by calling (816) 542-5999 or by contacting us online using our request form.

TESTIMONIALS

We've Helped Thousands of People Just Like You
  • “This Firm is highly recommended and is far from ambulance chasing. They are highly professional and knowledgeable when representing clients and will put you at ease.”

    - Brant H.
  • “The entire team worked tirelessly to ensure the best possible outcome for my case. Extraordinary diligence and excellent communication throughout the full process!”

    - Chantelle B.
  • “I had a great experience with the law firm helping me get compensated for the loss of my spouse. I [...] didn't have any issues, and they got me what I asked for - a future for my son.”

    - Former Client
  • “Excellent, straight-forward, helpful and responsive.”

    - Former Client

What Makes Shamberg, Johnson & Bergman Different?

  • Highly Respected in Our Field

    Our attorneys are well-established in various areas of practice, including Attorney Lynn R. Johnson, who is a member of the prestigious Inner Circle of Advocates.

  • A Legacy of Excellence

    We have a longstanding history of exemplary legal representation dating back to 1949, but are committed to leveraging forward-thinking practices and technology for the benefit of our clients.

  • Trial-Ready Legal Advocacy

    While most of our cases result in successful settlements, our willingness to go to trial enables us to secure more favorable outcomes.

  • A Network of Support

    We work to ensure that you receive the resources you need after an injury, including medical care, access to experts, emotional and financial support.

  • Committed to Our Community

    Our advocacy does not stop in the courtroom - it extends into our support for various local organizations that benefit our community.

  • Personal, Hands-On Attention

    All members of our team, including partners, associates and paralegals, are committed to providing direct contact and clear communication.

Shamberg, Johnson & Bergman Bringing Dedication & Determination To Every Case

There are many very good reasons for choosing the attorneys of SJB to represent you. Law firms have different skills, different areas of expertise and different ways of approaching cases. Find out about our firm’s strengths, successes on behalf of our clients, and more importantly, the five reasons why you should hire us.

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