Losing a loved one due to someone else’s negligence or intentional actions is a devastating experience. In addition to the emotional toll, it can also result in financial difficulties for the family left behind. Fortunately, the law provides a way for the surviving family members to seek justice and compensation for their loss through a wrongful death lawsuit. But who can file such a lawsuit? In this blog, we will explore the answer to this question and provide useful tips for those considering filing a wrongful death lawsuit.
1. Understanding The Basics Of Wrongful Death Lawsuits
Before we dive into who can file a wrongful death lawsuit, it’s important to understand the basics of this legal action. In general, a wrongful death lawsuit is filed when a person dies due to the negligence or intentional actions of another person or entity. The purpose of the lawsuit is to hold the responsible party accountable for their actions and provide compensation to the surviving family members for their loss.
2. Who Can File A Wrongful Death Lawsuit?
In Kansas City, Missouri, the following parties are eligible to file a wrongful death lawsuit:
- The surviving spouse
- Children or grandchildren of the deceased
- Parents of the deceased
- Siblings of the deceased
If the deceased had no surviving family members, then the personal representative of the estate may file the lawsuit. It’s important to note that the eligibility to file a wrongful death lawsuit may vary by state, so it’s important to consult with an experienced attorney to understand your rights and options.
3. Factors To Consider When Filing A Wrongful Death Lawsuit
Filing a wrongful death lawsuit can be a complex and emotional process. Before deciding to pursue legal action, it’s important to consider the following factors:
- The strength of the case: An attorney can help you evaluate whether you have a strong case based on the evidence and circumstances surrounding the death of your loved one.
- The statute of limitations: In Missouri, the statute of limitations for filing a wrongful death lawsuit is three years from the date of death. It’s important to act quickly to ensure your legal rights are protected.
- The potential damages: A successful wrongful death lawsuit can result in compensation for medical expenses, funeral costs, lost income, and pain and suffering.
4. The Importance Of Working With An Experienced Attorney
Filing a wrongful death lawsuit is not something you should attempt on your own. It’s important to work with an experienced attorney who can guide you through the process and advocate for your legal rights. An attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
5. Contact DiPasquale Moore For Help With Your Wrongful Death Lawsuit
At DiPasquale Moore, we understand the emotional and financial toll a wrongful death can have on a family. Although there’s no way to truly get justice following the unnecessary loss of a loved one, our experienced wrongful death attorneys are here to help you navigate the legal process and seek the justice and compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.
DiPasquale Moore Is Here For You
Understanding who can file a wrongful death lawsuit is the first step in seeking justice and compensation for your loss. By working with an experienced attorney and considering the factors outlined in this blog, you can make an informed decision about whether to pursue legal action. Contact DiPasquale Moore now to learn more.
Send us a message online or call (816) 888-7500.