KANSAS CITY, MO, October 12, 2012 /24-7PressRelease/
-- A wrongful death lawsuit occurs when someone dies as a result of the actions of another person or company and his or her heirs seek compensation for the death of their relative. Just like any form of personal injury law, wrongful death suits may be based on negligence or intentional acts. There is more likely to be insurance coverage if the death was caused by someone else's negligence. An experienced personal injury attorney can help determine if there is negligence involved when negligence may not appear obvious. See our article on Personal Injury Law
for more information.
There are specific laws governing wrongful death lawsuits including caps or maximum amounts that can be collected. In Missouri and Kansas, the settlement of a wrongful death lawsuit must be approved by a Court. This is called a "friendly suit." Often times the settlement hearing is non adversarial as all parties want it resolved and just need the Court's approval. However, as can be the case in Hollywood movies, sometimes there are disputes between family members over distribution and allocation of the proceeds. These disputes can be very grievous in light of the surrounding circumstances: the death of a loved one.
The heirs of a deceased person can seek compensation in many ways in a wrongful death suit, both for themselves and for the Estate of their loved one who has passed. The benchmark for any settlement is what is fair and just based on considerations such as the following (the factors considered vary from state to state):
- Medical bills associated with treatment of the deceased prior to death.
- The pain and suffering experienced by the deceased between the time of injury and the time of death
- Funeral and burial expenses
- Loss of financial support
- The reasonable value for loss of "services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support." (Section 537.090 R.S.Mo; for Kansas see K.S.A. 60-1903 and 1904)
If you or someone you know has lost a loved one due to someone else's carelessness, contact Adler & Manson wrongful death attorneys
for a free, no obligation evaluation. We have over 25 years of experience representing clients in wrongful death lawsuits and will help you get the compensation you deserve.