Kansas City Wrongful Death Damages
In most cases, the last thing on the minds of family members when they lose a loved one is filing a wrongful death claim. However, if another party’s negligence or wrongdoing caused the death of your loved one, you should consider contacting a Kansas City wrongful death attorney to discuss your legal rights.
Money will never come close to repairing the loss of a loved one nor will money ease one's pain. However, filing a wrongful death claim can provide some measure of justice, ensure the wrongdoing does not happen again, and provide compensation to help your family as you continue to heal after a tragic loss.
Damages available for a wrongful death claim vary by state, and while Kansas and Missouri law have some similarities, there are also differences for which to be aware.
Damages for a Wrongful Death Claim in Kansas
There are two types of damages allowed in Kansas wrongful death claims — economic and noneconomic damages.
Economic damages are the financial losses related to the death of a family member. Examples of financial losses in a wrongful death claim include, but may not be limited to:
- Expenses related to cremation, burial, and a funeral;
- The cost of medical care from the time of the accident or injury through the date of death;
- Future compensation and benefits that the deceased person would have earned had he or she lived; and,
- The value of the services that the deceased family member would have provided for the family, such as childcare and household chores.
Kansas wrongful death laws do not restrict the amount of the compensation for economic loss a family may receive. However, noneconomic damages are capped in Kansas and limited to $250,000 at the time of this article. Noneconomic damages include emotional distress, loss of support and guidance, mental anguish, and loss of love and care.
Damages for a Wrongful Death Claim in Missouri
Missouri wrongful death laws are slightly different from wrongful death laws in Kansas. In Missouri, a family can recover similar economic and noneconomic damages, including funeral costs, medical costs through the date of death, loss of future income, and loss of service, companionship, support, and guidance. However, Missouri does not have a cap place a cap on economic nor noneconomic damages in a wrongful death claim.
Survival Actions After a Wrongful Death
In addition to a family’s right to file a wrongful death claim, the personal representative for the estate of a deceased person may also have the right to file a claim against the party responsible for the person’s death. A survival action is filed by a person’s estate when the person suffered physical pain, mental anguish, and emotional distress between the date of the injury and the date of death.
The compensation received from a survival action is paid to the estate and distributed to heirs according to the terms of the person’s will or intestate laws if there is not a will.
Contact a Kansas City Wrongful Death Attorney Today
The Law Office of Kevin J. McManus represents families and estates in wrongful death claims and survival actions in Missouri and Kansas.
Call 816-203-0143 to schedule a free consultation with a Kansas City wrongful death lawyer.
