Wrongful death law is designed to compensate for an injury to an individual which resulted in death. A wrongful death lawsuit claims that the deceased was killed as a result of negligence or other liability, and that the surviving beneficiaries are entitled to monetary damages as a result of the liable party's conduct.

Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. A wrongful death occurs when a person is killed due to the negligence or misconduct of another party.

A lawsuit for wrongful death belongs to the deceased’s immediate family members. The most common beneficiaries are spouses, children and sometimes parents. A lawsuit for wrongful death may only be filed by the representative of the decedent's estate. Lawsuits for personal injury, pain and suffering or expenses incurred prior to the decedent's death may also be filed by the representative of the estate.

The compensation awarded as a result of these lawsuits belongs to the estate and may pass to different parties as directed by the decedent's will.

A wrongful death claim involves the death of a human being caused by another's negligence, which in turn causes beneficiaries of the estate monetary injury as a result. The appointment of a representative for the deceased person's estate is necessary, as this person alone can file a wrongful death claim.

A wrongful death lawsuit typically involves the death of a person in one of the following situations: medical malpractice resulting in wrongful death; automobile or airplane accident resulting in wrongful death; occupational exposure to hazardous conditions or toxic substances resulting in wrongful death; or death during a supervised activity in which another party's negligence contributed to the wrongful death.

Compensation for wrongful death may be sought after by the deceased's estate or heirs. Medical expenses can be overwhelming, causing untold mental anguish for the family as well as the victim. Additionally, loss of income and loss of future income can be devastating for a dependant who is already suffering the emotional loss of a parent or guardian lost to wrongful death. Sometimes the financial hardship is such that they must abandon plans for education or give up the home they knew. A wrongful death lawsuit may recover damages such as medical and funeral expenses, the loss of the victim's anticipated future income until the time of retirement or expected death, loss of pension benefits caused by the victim's wrongful death, pain and suffering or mental anguish to the survivors, and loss of care, protection or companionship to the survivors due to the wrongful death.

If a loved one has died after an accident or injury caused by the negligence or misconduct of another party, you may be entitled to compensation for wrongful death against those legally liable. In any case of suspected or apparent wrongful death, survivors should contact an experienced personal injury lawyer knowledgeable in wrongful death law to review their potential case, determine legal options and rights, and receive the compensation deserved for the wrongful death case. If a loved has been the victim of wrongful death in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation.