How Do Wrongful Death Claims Work?
Individuals come to my office at the worst time of their lives as a loved one has just passed away due to someone else’s actions. The above video discusses how wrongful death claims in Kansas and Missouri are conducted. The first step in a claim is to determine who the appropriate heir to the claim is. In Kansas, this is determined by K.S.A. § 60-1902. In Missouri, this is determined by Missouri statute 537.080. To determine the appropriate heirs to a claim, things like whether the decedent was married and whether they had children will be considered. After the appropriate party to pursue the claim is determined, next is to start an investigation to determine who all could be responsible for their passing. In a medical malpractice scenario, there could be many health care providers and the investigation will help determine who all was involved and who was at fault. In a construction site accident scenario, there could be numerous contractors and subcontractors and the investigation will determine at the involvement of each. For a truck wreck scenario, the trucking company, the driver, and various levels of leases will need to be investigated for the claim. The investigation to find the responsible parties should be done as soon as possible. Finally, how are the damages determined in a wrongful death case? In Kansas, damages are determined by K.S.A. § 60-1904. In Missouri, damages are determined by Missouri statute 537.090. If you are experiencing the tragic loss of loved one because of someone other party’s carelessness or negligence and you wish to discuss your potential claim, please call my office at (913) 451-9500.
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