Losing a loved one is heartbreaking. It's even more devastating when their loss is due to someone else's negligence or recklessness. At Goodwin Johnston LLC, we believe in holding those responsible accountable. Filing a wrongful death claim won't bring your loved one back, but it can provide a sense of justice by ensuring this doesn't happen to other families.
Additionally, a wrongful death claim can bring much-needed financial relief. The sudden loss of a loved one can also mean the abrupt loss of financial support. Funeral expenses, burial costs, and lost income can quickly add up, causing additional stress during an already difficult time. By filing a wrongful death claim, you can secure funds to cover these costs and more.
How We Can Help You Through a Wrongful Death Claim
At Goodwin Johnston LLC, we're committed to standing by your side and fighting for your rights.
Attorneys Goodwin and Johnston have a wealth of experience in handling wrongful death cases. Drew's extensive litigation experience across multiple states, coupled with Matt's unique insight into insurance companies' defense strategies, make us a formidable team in the courtroom.
We're not just experienced litigators, though. We're also compassionate advocates who understand the emotional toll a wrongful death claim can take. Our approach is client-centered, which means we listen to your needs, address your concerns, and work tirelessly to deliver results that exceed your expectations. Whether it's recovering medical expenses, securing lost income, or seeking compensation for pain and suffering, we're here to help you navigate this difficult time.
If you're dealing with a wrongful death claim and aren't sure where to turn, remember this: we're here to help. We're ready to fight for you. And we won't rest until justice is served.
Wrongful Death in Missouri
In Missouri, a wrongful death is defined as the death of a person caused by the negligent, reckless, or intentional act of another. This could include actions resulting from car accidents, medical malpractice, workplace accidents, or even criminal acts. As your attorneys, we're committed to thoroughly examining the circumstances surrounding your loved one's passing and determining if it qualifies as wrongful death under Missouri law.
Statute of Limitations
Generally, you must file within three years of the date of death. However, there may be certain exceptions depending on the specifics of your case, such as if the responsible party is a government entity. It's important to seek legal counsel as soon as possible to ensure you don't miss any important deadlines.
Wrongful Death in Kansas
Just like in Missouri, a wrongful death in Kansas is one caused by the negligent, reckless, or intentional actions of another. The specifics can vary, but our commitment to seeking justice for you and your family remains constant. We'll work tirelessly to investigate your case and determine if it falls under Kansas' wrongful death statutes.
Statute of Limitations
In Kansas, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, certain circumstances may alter this time limit. As your attorneys, we'll help you understand these timelines and ensure your claim is filed within the required period.
Fight for Your Compensation
Who Can File a Wrongful Death Claim?
In Missouri, the right to file a wrongful death claim primarily lies with the deceased's surviving spouse, children, or grandchildren. If none exist, then the deceased's parents, siblings, or nieces and nephews may file the claim. We're here to help you understand your rights and navigate the legal process.
What Needs to Be Proven to Constitute Wrongful Death?
To succeed in a wrongful death claim, several elements must be proven:
The defendant owed a duty of care to the deceased.
This duty was breached.
This breach directly caused the death and resulted in damages.
We're here to build a strong case on your behalf and prove these elements in court.
Damages Available
While we can't provide specifics without understanding your unique situation, wrongful death claims generally seek to recover damages such as medical expenses, funeral and burial costs, loss of income, and compensation for pain and suffering. We'll work diligently to secure the maximum compensation available for your loss.
Why Work With an Attorney?
Navigating a wrongful death claim can be complex and emotionally draining. Having an attorney by your side ensures that you have an advocate who will fight for your rights, guide you through the legal process, and seek the justice your loved one deserves. At Goodwin Johnston LLC, we're not afraid to go to trial and fight for you.
Wrongful Death FAQs
Our frequently asked questions aim to provide clarity and support during this difficult time.
Can any family member file a wrongful death lawsuit?
In both Missouri and Kansas, the law outlines a specific order of who holds the right to file a wrongful death claim. It typically begins with the immediate family members such as a spouse, children, or parents. However, if these relatives are not available, more distant family members or even a personal representative of the estate might have the right. We can help you determine your eligibility to file based on your relationship with the deceased.
How is the amount of damages determined in a wrongful death claim?
The calculation of damages in a wrongful death claim involves many factors, including the age and health of the deceased, their income and potential future earnings, the circumstances of their death, and the financial and emotional impact on the surviving family. Expert witnesses such as economists may be called upon to offer testimony. Our job is to ensure that the full extent of your loss is communicated and that the damages sought reflect the true value of your loved one’s life and contribution to the family.
What if the person responsible for my loved one's death has been charged criminally?
A criminal charge against the person responsible for your loved one's death operates independently from civil action for wrongful death. Even if the responsible party is being prosecuted criminally, you can still file a civil wrongful death claim. The outcomes of criminal cases may affect civil cases in terms of evidence and findings, but a claim for damages can proceed regardless of the criminal case status. Our team will work in concert with the developments in the criminal case to strengthen your civil claim.
Kansas City Wrongful Death Attorneys
At Goodwin Johnston LLC, we're committed to representing and supporting you in and out of court. With our attention to detail, client-centered approach, and readiness to go to trial, we've successfully served clients throughout Kansas and Missouri. Reach out to us today, and let's work together to seek the justice and compensation you deserve.