J

The Law Offices of

J. Johnson, LLC

Kansas City, Missouri & Kansas wrongful death, product liability & serious personal injury law

Personal and professional wrongful death representation for families of those negligently or intentionally killed in Kansas City, Missouri, and Kansas

 

A wrongful death cause of action is a civil claim that arises when a person is killed due to the:

    (1) negligent acts of another person or corporation; or

    (2) intentional acts of another person or corporation.

Damages available in Missouri wrongful death cases:

In all Kansas City, Independence, and Missouri wrongful death claims that do not involve medical malpractice, there is no cap on the damages that may be awarded by a jury.

A jury in a Missouri wrongful death case may award non-economic (referred to as “pecuniary”) damages to the decedent’s family after considering the following:

  • 1. Health of the person who was killed (called the “decedent”);
  • 2. Life expectancy;
  • 3. Talents and employment skills;
  • 4. Age;
  • 5. Habits;
  • 6. Character, and
  • 7. Earning capacity.

A wrongful death jury in Kansas City, Independence, or elsewhere in Missouri may also award damages for economic (referred to as “special”) damages such as:

  • 1. Funeral expenses;
  • 2. Conscious pain and suffering.  This category includes damages suffered by the deceased between the time of injury and death and for which the deceased might have maintained an action had death not ensued;
  • 3. Loss of consortium;
  • 4. Loss of services;
  • 5. Loss of companionship, comfort, instruction, guidance, counsel, training, and support.

 

Unfortunately, Missouri does not allow damages for grief and bereavement in a wrongful death action.

Negligent wrongful death claims in Kansas City, Missouri, & Kansas:

Negligent wrongful death cases are the most common and arise when a person or corporation breaches a duty of care owed to another person or persons.  There are many types of wrongful death cases in Kansas City, Missouri, and Kansas, but the most common arise from automobile and/or tractor-trailer crashes.

 

In an auto or truck crash wrongful death case, a Kansas City Missouri lawyer must prove the following elements:

The existence of a duty of care.  Missouri law requires drivers to exercise the highest degree of care when operating a motor vehicle;

A breach of the duty of care.  This is typically done by showing that the negligent car or truck driver violated a motor vehicle statute; and

Damages resulting from the breach of the duty of care.  In a wrongful death case, this element is easily met by showing that the wrongful death was caused by the negligent car or truck driver.

Intentional wrongful death claims in Kansas City, Missouri & Kansas:

Intentional act wrongful death claims generally arise when a person or corporation commits an act that they reasonably believe will endanger the life of another person.  The most common circumstance is simply murder.

Contact our Kansas City, Missouri law office

for a free consultation with an attorney

about your personal injury or wrongful death case

by phone (816)581-4600, email, or in person.

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