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Losing a family member is a devastating experience, and the pain can feel unbearable. When that loss happens suddenly and is caused by the careless or wrongful actions of another person or company, the grief is often compounded by confusion, anger, and a sense of profound injustice.
During this incredibly difficult time, you may be facing unexpected financial burdens on top of your emotional suffering. If your family is dealing with this tragedy, please know that you are not alone. A Kansas City wrongful death lawyer can help you understand your legal options for seeking accountability and stability for your future.
At Walner Law, we understand that no amount of money can ever replace your loved one. However, holding the responsible party accountable through a wrongful death claim can provide a crucial sense of justice and the financial resources your family needs to move forward. We are now proud to bring our decades of experience and compassionate advocacy to the families of Kansas City, MO.
Choosing a law firm to represent your family after a devastating loss is a significant decision. You need a team that not only has a deep understanding of the law but also provides the compassionate support you deserve. For decades, Walner Law has been a trusted advocate for the injured, and we bring that same dedication to the Kansas City community.
Our dedicated team is committed to shouldering the legal burdens so your family can focus on healing.
When you hear the term “wrongful death,” it’s natural to wonder what it means in a legal sense. In Missouri, a wrongful death is defined as a death resulting from any act, conduct, or negligence that would have entitled the person to file a personal injury lawsuit had they survived.
In simpler terms, if someone’s carelessness or intentional wrongdoing causes a fatal accident, the surviving family members may have the right to file a wrongful death claim. This is not a criminal case where someone might go to jail; it is a civil lawsuit intended to provide financial compensation to the family for the immense losses they have suffered. It is a legal tool for holding the at-fault party financially accountable for the harm they caused.
Missouri law is very specific about who is eligible to file a wrongful death lawsuit. The law establishes a clear hierarchy, or a series of classes, of individuals who have the right to bring a claim.
An experienced wrongful death lawyer can help your family determine who is the appropriate person to bring the claim forward.
Wrongful death can result from countless types of preventable incidents. At Walner Law, our practice is focused on helping families who have lost loved ones due to another’s negligence in situations like these:
The roads and highways around Kansas City, including I-70, I-435, and Highway 71, are the sites of far too many tragic collisions. When a driver is distracted, speeding, intoxicated, or otherwise reckless, the consequences can be fatal. Trucking accidents are particularly devastating due to the immense size and weight of commercial vehicles. These cases often involve investigating trucking company negligence, such as poor maintenance or pressuring drivers to violate safety regulations.
Motorcyclists, bicyclists, and pedestrians are incredibly vulnerable on the road. They lack the protection of an enclosed vehicle, and a collision that might be minor for a car occupant can be fatal for them. Drivers who fail to yield the right-of-way, are inattentive, or don’t share the road responsibly must be held accountable when their actions lead to tragedy.
Property owners and managers have a legal duty to keep their premises reasonably safe for visitors. This applies to grocery stores, apartment complexes, retail shops, and public spaces throughout Kansas City. When they fail to clean up spills, repair broken stairs, provide adequate lighting, or fix other known hazards, and a fatal fall occurs, they can be held liable. This area of law, known as premises liability, is about holding property owners accountable for neglecting safety.
Construction sites are inherently dangerous, but employers and site managers are required to follow strict safety protocols to protect workers and the public. Fatalities can occur from falls from scaffolding, equipment malfunctions, trench collapses, or being struck by materials. When safety standards are ignored, the responsible companies can be held liable for the resulting loss of life.
To have a successful wrongful death claim, your attorney must prove that the other party was “negligent.” Negligence is a legal concept that means someone failed to act with reasonable care, and this failure caused your loved one’s death. There are four key elements we must establish:
Proving all four of these elements requires a thorough investigation, evidence gathering, and a clear presentation of the facts. A skilled lawyer handles this entire process, building a strong foundation for your case.
While a lawsuit cannot change the past, it can provide the financial support your family needs to face the future with more security. In a Missouri wrongful death lawsuit, your family may be able to recover compensation, often referred to as “damages,” for a wide range of losses.
These damages are meant to compensate for the direct financial costs and losses stemming from your loved one’s death. This can include:
These damages are intended to compensate for the profound, personal, and non-financial losses your family has endured. They are often the most significant part of a wrongful death claim and can include compensation for:
Calculating these damages is a complex process. Our team works with financial and economic professionals to accurately assess the full impact of your loss to ensure your family seeks the fair compensation you deserve.
It is vital to understand that your family has a limited amount of time to take legal action. This deadline is called the statute of limitations. According to Missouri law, families generally have three years from the date of the death to file a wrongful death lawsuit.
If you miss this deadline, the courts will almost certainly refuse to hear your case, and your family will lose the right to seek compensation forever. While legal action is the last thing on your mind when you are grieving, it is crucial to speak with a Kansas City wrongful death lawyer as soon as you feel able. This ensures that important evidence is preserved and your family’s legal rights are protected.
Dealing with the legal system after a tragic loss can be stressful. The role of your lawyer is to lift that burden from your shoulders and handle every aspect of your case so you can focus on what matters most—your family. When you work with Walner Law, we will:
Our goal is to give your family the space and peace of mind to grieve while we tirelessly pursue the justice your loved one and your family deserve.
Here are some answers to common questions our clients ask about the wrongful death claims process in Missouri.
A wrongful death claim compensates the surviving family members for their own losses, such as the loss of financial support and companionship. A survival action is a separate claim brought on behalf of the deceased’s estate to recover for the pain and suffering the deceased person experienced between the time of their injury and their death. A lawyer can help determine if both claims are appropriate in your case.
At Walner Law, we handle wrongful death cases on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we successfully recover compensation for your family. Our fee is a percentage of the final settlement or award. This arrangement allows families to access high-quality legal representation without any financial risk.
Missouri follows a “pure comparative fault” rule. This means your family can still recover compensation even if your loved one was partially to blame. However, the amount of your recovery will be reduced by your loved one’s percentage of fault. For example, if they were found to be 20% at fault, your family’s total compensation would be reduced by 20%.
The timeline for a wrongful death case can vary significantly depending on its complexity. A straightforward case with clear liability might be resolved in a matter of months, while a more complex case involving multiple parties or a dispute over fault could take a year or longer. We will always keep you informed of the progress of your case.
Yes. The criminal justice system and the civil justice system are separate. A criminal case is brought by the state to punish the wrongdoer, while a civil wrongful death claim is brought by the family to obtain financial compensation. The outcome of the criminal case does not necessarily prevent you from pursuing a civil claim, and you can proceed with both simultaneously.
If your family is grieving the loss of a loved one due to someone else’s negligence, you do not have to walk this path alone. The compassionate and dedicated team at Walner Law is here to help you seek answers, accountability, and the resources you need to secure your family’s future.
We invite you to reach out to our Kansas City office at (312) 410-8496 or through our online form for a free, no-obligation consultation. We will listen to your story with empathy, explain your legal rights in a way you can understand, and provide honest guidance on how to move forward. Let us handle the legal fight while you focus on healing.
