Taking Action After a Wrongful Death: What Families Need to Know

For families that have suffered the loss of a loved one due to an accident or another’s negligence, the grief can be devastating. Unfortunately, this tragedy can be compounded by ongoing financial and emotional burdens. If your family has been affected by a wrongful death, you may have legal recourse available in the form of a wrongful death lawsuit. At Morefield Speicher Bachman, we understand that taking legal action may seem daunting, but we are here to get justice on behalf of those who have lost their loved ones. In this article, we will provide an overview of wrongful death lawsuits and what families need to know.

Qualifying Factors for Wrongful Death Cases:

Under the law, a wrongful death claim can be made for the death of a family member when the death was caused by another’s negligence or misconduct. In order to qualify for this type of lawsuit, families must prove that their loved one’s death was caused by the wrongful action or inaction of another party. Examples of cases that can qualify for wrongful death claims include car accidents, medical malpractice, product defects or dangerous products on the market and workplace negligence or mishandling of hazardous materials. When the death was caused by workplace negligence, the claim may need to be brought through the workers compensation system.

Who is Liable in a Wrongful Death Case?

Liability in these types of cases depends on many factors, but typically any party whose negligence caused the death of the deceased can be liable. This includes medical professionals who failed to provide adequate care to their patient, employers whose actions violated safety regulations leading to a workplace accident, drivers who were under the influence or negligent when operating a vehicle, and property owners who did not maintain safe conditions on their premises. Depending on state laws and individual circumstances, other entities may also be held accountable for wrongful deaths.

Rights & Damages Claimable Under Law

In cases of wrongful death, family members may be able to pursue damages for medical expenses incurred prior to death, loss of financial support from the deceased individual, emotional distress due to losing a loved one, funeral expenses and more. Additionally, punitive damages may be awarded in extreme cases where the wrongdoer’s conduct was reckless or intentional. As each case is unique and state laws vary when it comes to rights and remedies available after wrongful deaths occur, it is important to contact an experienced wrongful death attorney who can evaluate your situation and determine if you have grounds for filing a claim against those at fault. We regularly handle wrongful death claims in Kansas and Missouri.

Contact Our Overland Park Wrongful Death Lawyers Today

Determining responsibility for wrongdoings can be difficult without professional guidance – working with an attorney ensures that all steps taken during litigation are legally sound so you do not miss out on any potential benefits due under the law. If you have recently lost a loved one due to another’s mistakes or irresponsibility, do not hesitate to get help from one of our experienced wrongful death attorneys. Call us today at (913) 839-2808.