Kansas City Wrongful Death Lawyers

Wrongful death is the civil legal term for one individual’s death as a result of the actions of another. “Actions of another” may refer to intentional, willful actions or to negligence – failure to act. Note that wrongful death is acivil action, and separate from criminal charges that may also apply to such anaction (manslaughter, murder, etc).

Personal injury law (of which wrongful death is a part) is about an avenue of recourse for citizens who have been wronged by other citizens or other private entities. In the case of wrongful death, the victim (decedent) is unable to take legal action, claim damages, or otherwise seek rectification of the wrong. Instead, family members or other representatives ofthe decedent and/or decedent’s estate do so. These representatives are then able to seek recompense for their own financial and emotional loss.

Wrongful death can be assigned partially. The laws of manystates allow for a finding of comparative or contributory negligence. The means that the decedent can be found to have contributed to his or her own death, perhaps by acting carelessly or recklessly or by refusing medical treatment. Whatever the case, for a defendant to be found responsible for a wrongful death, it must be proved that direct cause of the death was the defendant’s conduct. In other words, the plaintiff must prove that the death would not have occurred if not for the defendant's actions. This condition being met, the actual time between the defendant's action and the decedent’s death is not a factor.

Damages in a wrongful death case are assessed to compensate for the loss(es) experienced by family members (and, potentially, othersurvivors). There are several types of damages that may be calculated.

Damages may be awarded for the direct cost of medical and death expenses. These are usually straight forward and easily calculated.

Damages may be awarded for the projected loss of future earnings and benefits. Calculation of these damages involves anticipating lifespan and earnings of the decedent.

Loss of companionship is the most subjective damage to calculate. However, even though it does not lend itself well to empirical measurement, it is all too real, as any survivor of a victim in a wrongful death case will verify. Therefore this measure emotional pain and suffering is an all-important consideration.

Lastly are punitive damages. These damages are not awarded to compensate, but to punish the party responsible for the death. Typically, a judge will only assign punitive damages in cases in which the defendant acted intentionally or in grossly negligent way.