Losing a loved one is never easy. When that loss happens unexpectedly due to someone else’s negligence or wrongdoing, the pain becomes even more overwhelming. Now, you have the terrible task of having to plan a funeral and make life adjustments you thought you’d never have to.
If you’ve lost a family member in Kansas City due to a car accident, medical error, workplace incident, or other preventable tragedy, you don’t have to face this difficult time alone. At the Law Offices of Peter A. Jouras, Jr., our Overland Park wrongful death attorney understands the profound impact this loss has had on your family, and we’re here to help you seek justice.
With over 25 years of experience handling wrongful death cases in Kansas City, Missouri, and Kansas, we provide compassionate, personalized legal representation to families throughout the Kansas City metro area. As a small firm, we limit the number of cases we take so we can give each client the one-on-one attention they deserve during this challenging time.
We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case. While we’re located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we proudly serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
How a Wrongful Death Attorney Can Help Your Family
Pursuing a wrongful death claim while grieving is overwhelming. Insurance companies may pressure you to settle quickly for less than your claim is worth, or they may dispute liability altogether.
Having an experienced wrongful death lawyer in Overland Park on your side can make all the difference in protecting your rights and securing the compensation your family is owed.
Here’s how we can help:
- Investigate Your Claim: Our legal team gathers evidence, interviews witnesses, reviews medical records, consults with experts, and reconstructs what happened to build a strong case.
- Identify All Liable Parties: Depending on the circumstances, multiple parties may be responsible, from negligent drivers and trucking companies to hospitals, manufacturers, or property owners.
- Handle Insurance Companies: We deal with insurance adjusters on your behalf, so you don’t have to worry about being taken advantage of during this vulnerable time.
- Calculate Full Damages: We ensure all your losses are accounted for, including medical expenses, funeral costs, lost income, loss of companionship, and emotional suffering.
- Represent You in Court: If a fair settlement cannot be reached, we’re prepared to take your case to trial and fight for the justice your family deserves.
Key Takeaways About Kansas and Missouri Wrongful Death Claims
- In a wrongful death case, eligible claimants typically include the surviving spouse, children, parents, and sometimes siblings, though the rules differ slightly between Kansas and Missouri.
- In Kansas, a wrongful death claim must be filed within two years of the date of death, while in Missouri, the deadline is three years.
- Common causes of wrongful death include car and truck accidents, medical errors, workplace incidents, defective products, and unsafe property conditions.
- To prove a wrongful death claim, the surviving family must show that the defendant owed a duty of care, breached that duty, caused the death, and that the family suffered damages as a result.
- Compensation in a wrongful death case can cover medical and funeral expenses, lost income, emotional losses, and, in some cases, punitive damages.
What Makes the Law Offices of Peter A. Jouras, Jr. Different?
When you’re searching for a Kansas and Missouri wrongful death attorney, you need someone who will treat you with compassion and respect. That’s why we limit our cases so you get the attention you need.
Here’s what makes us different:
- Small Firm, Big Results: As a small wrongful death law firm, we intentionally limit the number of cases we handle to give each client the personal attention they deserve. You’ll have direct access to your attorney throughout the entire process.
- Over 25 Years of Experience: Our founder, Peter A. Jouras, Jr., has over 25 years of experience in wrongful death and personal injury law. His in-depth knowledge of Kansas and Missouri laws and insurance practices ensures your case is in trusted hands.
- Serving Kansas and Missouri: We proudly represent families on both sides of the state line. Whether your loss occurred in Kansas City, Kansas, or Missouri, we’re here to help guide you through this difficult time.
- Free Consultations: We offer a no-cost consultation to discuss your case and provide answers to your questions. There’s no obligation to proceed; we’re here to help you make informed decisions.
- No Fees Unless We Win: We work on a contingency fee basis, meaning there are no up-front or out-of-pocket costs. We only get paid if we successfully recover compensation for you.
When is it Considered Wrongful Death?
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another individual or entity. In legal terms, a wrongful death claim can be filed if the deceased could have pursued a personal injury lawsuit had they survived.
Common Causes of Wrongful Death in Kansas and Missouri
Tragically, preventable deaths occur far too often in the Kansas City area. Understanding the most common causes can help families recognize when they may have a valid wrongful death claim.
Motor Vehicle Accidents
Different types of motor vehicle crashes, such as car accidents, truck accidents, and motorcycle accidents, are one of the leading causes of wrongful death in both Kansas and Missouri.
Kansas Statistics (from the 2023 Kansas Traffic Crash Facts Book):
- In 2023, there were 387 fatalities in Kansas traffic crashes
- 35.1% of all fatal crashes involved vehicles overturning
- Driver inattention was the #1 contributing circumstance, accounting for 17.9% of all crashes
Missouri Statistics (from the 2022 Missouri Traffic Crash Statistics):
- In 2022, 1,057 persons were killed in traffic crashes in Missouri
- 34.3% of fatal crashes involved speeding
- 23.1% of fatal crashes involved alcohol or drugs
- Jackson County recorded the most traffic fatalities with 111
- Of all persons killed in Missouri traffic crashes in 2022, 360 (34.1%) were in the 15-35 age group
Medical Malpractice
Medical errors are a significant cause of preventable death. According to a study by the Institute of Medicine, preventable medical errors account for approximately 98,000 deaths per year in the United States. Common examples include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Anesthesia mistakes
- Birth injuries
- Failure to monitor or treat complications
Workplace Accidents
Fatal workplace accidents can occur in various industries, particularly in construction, manufacturing, and transportation. Common causes include:
- Falls from heights
- Being struck by objects or equipment
- Electrocution
- Exposure to hazardous substances
- Machinery accidents
Other Common Causes
- Defective products
- Dangerous property conditions
- Nursing home abuse and neglect
- Criminal acts due to inadequate security
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Kansas Wrongful Death Laws
Wrongful death laws vary between Kansas and Missouri, and understanding these differences is crucial to building your case. Our wrongful death attorney in Overland Park has extensive experience navigating the legal complexities in both states.
Who Can File a Wrongful Death Claim in Kansas?
Under K.S.A. 60-1902, any heir at law of the deceased who has sustained a loss may file a wrongful death action. This typically includes:
- Surviving spouse
- Children or surviving lineal descendants of deceased children
- Parents
- Siblings or their descendants
The action is for the exclusive benefit of all heirs who have sustained a loss, regardless of whether they all join in the claim. However, the amounts of their respective recoveries are determined according to Kansas law.
According to K.S.A. 60-1901, the term “person” includes an unborn child, meaning wrongful death claims can be filed for the loss of an unborn child in certain circumstances.
Continue Reading: How to File a Wrongful Death Lawsuit in Kansas?
Kansas Government Wrongful Death Claims
If your loved one’s death was caused by a government entity or employee in Kansas, special rules apply under the K.S.A. 75-6104. This statute provides numerous exceptions to liability, including:
- Legislative or judicial functions
- Enforcement or failure to enforce laws
- Discretionary functions
- Failure to provide police or fire protection
- Snow or ice conditions on public roads (unless affirmatively caused by the governmental entity)
These exceptions can make it more challenging to pursue a claim against a government entity, which is why having an experienced attorney is crucial.
How Long Do I Have to File a Wrongful Death Claim in Kansas?
Under K.S.A. 60-513, you generally have two years from the date of your loved one’s death to file a wrongful death claim in Kansas. Missing this deadline typically means losing your right to seek compensation, so it’s important to contact a wrongful death lawyer in Overland Park and Kansas City, Kansas, as soon as possible.
Missouri Wrongful Death Laws
Who May File a Wrongful Death Claim in Missouri
Missouri law RSMo Section 537.080 establishes a three-tier system for who may file a wrongful death claim:
First Tier:
- Surviving spouse
- Children (natural or adopted, legitimate or illegitimate)
- Surviving lineal descendants of deceased children
- Father or mother (natural or adoptive)
Second Tier:
If no one from the first tier is available or chooses to file, then:
- Sibling of the deceased
- Their descendants who can establish their right to damages
Third Tier:
If no one from the first or second tier files, then:
- A plaintiff ad litem (a court-appointed representative)
Only one action may be brought against any one defendant for the death of any one person.
According to RSMo Section 537.020, causes of action for death do not abate due to the death of any party and survive to the personal representative.
Missouri Government Claims
If your loved one’s death was caused by a Missouri government entity, special rules apply under Missouri’s Sovereign Immunity Act (RSMo Section 537.600). The state cannot be sued without its permission except in specific situations, including:
- Injuries resulting from the negligent operation of motor vehicles by public employees
- Injuries caused by dangerous conditions on public property (if the entity had notice and failed to correct the condition)
These claims often require navigating complex procedural requirements, making experienced legal representation essential.
How Long Do I Have to File a Wrongful Death Claim in Missouri?
Under RSMo Section 537.080, you generally have three years from the date of death to file a wrongful death claim in Missouri. While this may seem like a long time, evidence can disappear, and witnesses’ memories can fade. It’s important to contact a Kansas City wrongful death attorney as soon as possible to preserve your claim.
Compensation Available to Families of Wrongful Death Victims in Kansas and Missouri
While no amount of money can bring back your loved one, a wrongful death claim can provide financial support for your family’s future and hold the responsible parties accountable. The compensation available varies depending on the circumstances of your case and whether it occurred in Kansas or Missouri.
Economic Damages
Economic damages compensate for measurable financial losses, including:
- Medical Expenses: Costs of medical treatment your loved one received before passing away.
- Funeral and Burial Expenses: Reasonable costs associated with laying your loved one to rest.
- Lost Income: The financial support your loved one would have provided to the family.
- Lost Benefits: Loss of health insurance, retirement benefits, and other employment benefits.
- Loss of Household Services: The value of household contributions your loved one would have made.
Non-Economic Damages
Non-economic damages compensate for intangible losses, including:
- Loss of Companionship: The emotional support, guidance, and love your loved one provided.
- Loss of Consortium: The loss of the marital relationship for surviving spouses.
- Mental Anguish and Emotional Distress: The psychological impact of losing a loved one.
- Loss of Protection and Guidance: Particularly relevant when a parent or guardian dies.
Punitive Damages
In cases involving particularly egregious conduct, such as drunk driving or violence, punitive damages may be available to punish the wrongdoer for their actions.
State Caps on Damages
- Kansas: Kansas generally does not cap non-economic damages in wrongful death cases, though caps may apply in medical malpractice cases.
- Missouri: Missouri does not cap damages in wrongful death cases from auto accidents. Medical malpractice cases may have caps on non-economic damages depending on when the malpractice occurred.
Kansas and Missouri Wrongful Death Claim FAQs
What Resources Does My Family Have in the Kansas City Metro?
Losing a loved one is one of the most challenging experiences you can face. In addition to legal support, there are resources available in the Kansas City area to help you through this difficult time:
- Grief counseling services through local hospitals and hospice organizations
- Support groups for families dealing with sudden loss
- Victim advocacy programs through law enforcement agencies
- Financial counseling to help manage expenses during this transition
Our firm can help connect you with appropriate resources as you navigate this trying time.
How Is Wrongful Death Proven?
To succeed in a wrongful death claim, we must establish four key elements:
- Duty of Care: The defendant owed a duty of care to your loved one
- Breach of Duty: The defendant breached that duty through negligent or wrongful conduct
- Causation: The breach directly caused your loved one’s death
- Damages: You suffered measurable damages as a result of the death
Our firm works with expert witnesses, including accident reconstructionists, medical professionals, and economists, to build the strongest possible case on your behalf.
What is the Cost to Hire a Wrongful Death Lawyer?
At the Law Offices of Peter A. Jouras, Jr., we work on a contingency fee basis. This means:
- No upfront costs: You don’t pay anything to get started
- No out-of-pocket expenses: We take care of all case expenses
- No fee unless we win: We only collect a fee from the settlement or verdict if we successfully recover compensation for you
Can I File Both a Wrongful Death Claim and a Workers’ Compensation Claim?
If your loved one died in a workplace accident, you may be entitled to workers’ compensation survivor benefits. In some cases, you may also be able to file a wrongful death claim against a third party (someone other than the employer) whose negligence contributed to the death.
How Long Does a Wrongful Death Case Take?
Every case is unique. Some settle within months, while others may take a year or more, especially if they go to trial. We work diligently to resolve your case as efficiently as possible while ensuring you receive fair compensation.
Read More: How Long Does a Personal Injury Case Take in Kansas?
What Areas Do You Serve?
We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave; however, we serve families who live all over Kansas City, Missouri, and Kansas.
No matter where you are in KC, our Kansas City, Kansas, and Missouri wrongful death attorney can help you.
Schedule Your Free Consultation with Our Overland Park Wrongful Death Attorney
If you’ve lost a loved one due to someone else’s negligence or wrongful conduct, you deserve answers and accountability. At the Law Offices of Peter A. Jouras, Jr., we’re committed to helping families throughout the Kansas City area seek justice during this difficult time.
With over 25 years of experience handling wrongful death cases in Missouri and Kansas, our firm provides the compassionate, personalized representation you need. As a small firm, we give each client the individual attention they deserve—you’ll work directly with an experienced attorney who genuinely cares about your case.
We offer free consultations and work on a contingency fee basis, so you pay nothing unless we win. While we’re located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Don’t face this alone. Contact us today to schedule your free, no-obligation consultation.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
For your free consultation, call (913) 677-1999
