Kansas City Fatal Car Accident Attorneys

Providing Compassionate Counsel for Car Accident Deaths

According to the National Safety Council, more than 44,000 people died due to automotive fatalities in 2022 alone, and that number represents an alarming increase of nearly 22% since 2019. With the rise of distracted driving due to texting, drivers face a higher risk of fatality on the roads today.

If your loved one was one of the many victims killed in a tragic car accident this year, you may be entitled to significant compensation for your losses. The Kansas City fatal car accident attorneys at DM Injury Law are ready to stand up to irresponsible drivers and hold them accountable for their actions.

Contact us today for a free consultation of your case. We are a contingency-fee-based law firm, which means you don’t pay unless we win.

Call (816) 888-7500 or contact us online today for a free consultation.

What is The Difference Between Wrongful Death and Personal Injury in Car Accidents?

Wrongful death lawsuits are grounded in nearly identical principles to their better-known relatives – personal injury cases. As with personal injury, the liability for a wrongful death depends greatly on the statutes of your state’s civil code, and it varies from state to state. There are also specific rules about who can file these cases and when they are legally acceptable.

To prove someone is liable for wrongful death damages in Missouri, the following must be true about your loved one’s fatal car accident:

The Person Who Died Could Have Pursued a Personal Injury Case

To meet this requirement, you must demonstrate that the other driver owed a “standard of care” to your loved one. The standard of care is the amount of care a reasonable person should take in a situation. If this standard was not met and your loved one died, the person should be held responsible for his or her actions.

The Death Was Caused by Another’s Wrongful Act, or The Omission to Act

For car accidents, this provision could apply to any number of negligent actions. Some of these include driving under the influence of alcohol or failing to observe speeding laws. Missouri is known as a “pure comparative negligence” state, which means negligence can be assigned to multiple parties in a car accident.

For example, if it’s decided that the other driver was 80% responsible for the crash, but your loved one was about 20% responsible too, the other driver must pay damages at an 80% rate of the total.

You Are Legally Allowed to Submit a Claim on Your Loved One’s Behalf

Missouri

Here are the following parties who can file a wrongful death lawsuit in Missouri:

• First in Line to File a Wrongful Death Lawsuit:
  • The deceased person’s surviving spouse
  • The deceased person’s parents
  • The deceased person’s children
  • If the children are deceased, then the children’s descendants (grandchildren)
• Second in Line (If the First Category Is Not Applicable):
  • A surviving sibling of the deceased
  • The sibling’s descendants (nieces and nephews)
• If Either Category is Not Applicable:
  • The court will appoint a “plaintiff ad litem” to handle the claim.
  • A plaintiff ad litem must be requested by a person “entitled to share in the proceeds” of a successful wrongful death claim.

Kansas

Here are the following parties who can file a wrongful death lawsuit in Kansas:

• The deceased person’s surviving spouse
• The deceased person’s surviving children
• The deceased person’s surviving parents
• The deceased person’s surviving grandparents
• The deceased person’s surviving siblings

What is the Statute of Limitations on Fatal Car Accident Claims in Missouri and Kansas?

• You have 3 years to file a wrongful death lawsuit in Missouri.
• You have 2 years to file a wrongful death lawsuit in Kansas.

Speak to a wrongful death car accident attorney in Kansas City to discuss the details of your case. Our team at DM Injury Law will stand by your side throughout this entire process and fight for the justice your loved one deserves.

What Damages Can I Seek in a Fatal Car Accident Lawsuit?

The death of a loved one is always traumatizing, but in the event of a sudden accident, the loss is felt exceptionally deeply. The monetary compensation awarded by a court can vary greatly for direct damages like repair costs, as these are not limited.

More intangible or “non-economic” damages like mental anguish are capped between $450,098 and $787,671 in Missouri and $350,000 in Kansas.

The most common non-economic damages pursued in a fatal car accident lawsuit include:

• Burial and funeral costs
• Medical expenses
• Loss of income in the form of future wages
• Severe emotional trauma
• Loss of parental, filial, or marital care
• Repair and replacement costs for damaged cars and parts

If a member of your family has died after a car accident, we are here to help. Our wrongful death car accident lawyers at DM Injury Law fight for the justice of Kansas City residents who have died at the hands of negligent drivers.

Call (816) 888-7500 or contact us online today for a free consultation.

Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.