When you've lost someone you love due to another person's negligence, the pain is indescribable. You're grieving, you're angry, and you're facing an uncertain future without your loved one. Medical bills may be piling up, insurance companies are calling with confusing paperwork, and well-meaning friends keep asking "what are you going to do?"
You don't have to face this alone. As experienced wrongful death lawyers in Kansas City, we understand that no amount of money will bring back your loved one. But holding the responsible party accountable and securing your family's financial future can provide some measure of justice and peace of mind during this devastating time.
If you're wondering whether you have a case, if you're worried about the costs, or if you're simply not sure where to turn, we're here to help. We have substantial expertise in guiding Kansas City families through wrongful death claims on both sides of the state line, and we know how to navigate the complex legal process while you focus on healing and remembering your loved one.
The sudden loss of a family member turns your world upside down. One day, your loved one was there – sharing meals, making plans, being part of your daily life. The next day, they're gone because of someone else's careless or reckless actions.
You may be dealing with:
Overwhelming grief while trying to make important legal decisions
Medical bills and funeral expenses you never expected to face
Lost income if your loved one financially supported members of the family
Insurance companies calling with settlement offers that seem inadequate
Family members disagreeing about what to do next
Uncertainty about your financial future without your loved one's support
These concerns are completely normal, and every family we work with faces similar challenges. You're not alone in feeling overwhelmed by both the emotional and practical aspects of your loss.
If your loved one died due to someone else's negligence, recklessness, or intentional actions, you may have grounds for a wrongful death attorney to pursue justice on your family's behalf. Common wrongful death situations we handle in Kansas City include:
Medical Malpractice Deaths: When hospital errors, misdiagnosis, surgical mistakes, or medication errors lead to preventable deaths at University of Kansas Hospital, Saint Luke's Health System, or Children's Mercy Hospital.
Fatal Car Accidents: Such as high-speed crashes on I-70 and I-35 corridors, intersection collisions, drunk driving accidents, and other vehicle crashes that claim lives due to another driver's negligence.
Truck Accident Fatalities: Commercial vehicle crashes involving semi-trucks, delivery vehicles, and other large commercial vehicles on Kansas City's major highways and urban areas.
Workplace Deaths: Construction accidents, industrial incidents, and other workplace fatalities caused by safety violations or employer negligence.
Motorcycle Accidents: Fatal crashes involving motorcyclists, often complicated by bias against riders and their families during legal proceedings.
Nursing Home Neglect: Deaths of nursing home residents due to inadequate care, medication errors, or neglect at long-term care facilities.
Intentional Act / Crime: Deaths that amount to manslaughter, murder and criminally negligent acts.
If you're reading this and thinking "yes, that sounds like what happened to my family," then you likely have grounds for a claim. Even if you're not sure, we are here to provide you with a free consultations to evaluate your situation and explain your legal options.
The pain of losing someone never goes away, but the legal deadlines for pursuing justice are very real. This is where Kansas City's bi-state location creates critical timing differences that could affect your case:
In Missouri: You have five years from the date of death to file a wrongful death lawsuit (RSMo 516.120). However, if the death involved a government entity or occurred on government property, you may have only 90 days to file a notice of claim under RSMo 537.600.
In Kansas: You have only two years from the date of death to file a wrongful death claim (K.S.A. 60-513). This shorter deadline makes immediate action crucial for Kansas residents or accidents occurring in Kansas.
Evidence disappears over time – security footage gets deleted, witnesses move away, and memories fade
Insurance companies use delays against families, arguing that a delayed claim indicates it lacks merit
Medical records and accident reports become harder to obtain as time passes
The emotional burden of an unresolved case continues to weigh on your family
Unfortunately, we have seen the strength of the legal case suffer due to delay. We've seen too many families lose their right to justice simply because they waited too long to seek legal help. Don't let this happen to your family.
After handling hundreds of Kansas City wrongful death cases on both sides of the state line, we know that families need more than just legal representation, they need compassionate advocates who understand the unique challenges of pursuing justice while grieving.
Our Bi-State Legal Expertise: Unlike many firms that focus on one state, we're equally experienced with both Missouri and Kansas wrongful death laws. We understand how State Farm, Allstate, Progressive, and other major insurers operate differently in Jackson County, Missouri versus Johnson County, Kansas courts. This knowledge helps us build stronger cases and secure better outcomes for families.
Comprehensive Family Support: We coordinate with estate attorneys, probate courts, and grief counselors to ensure your family receives comprehensive support beyond just the legal case. Many families don't realize that wrongful death claims often require estate coordination – we handle these complexities so you can focus on your family.
Cross-Practice Authority: Our experience handling fatal cases across car accidents, medical malpractice, truck accidents, and workplace incidents means we understand the specific challenges and opportunities in each type of wrongful death case. Whether your loved one died in a medical error at VA hospital or a truck accident on I-35, we have the specialized knowledge to build the strongest possible case.
We understand that after losing a loved one, many families are facing unexpected financial pressures. Funeral costs, medical bills, and lost income create real hardship, and the last thing you should worry about is how to pay for legal representation.
We advance all case costs on your behalf– expert witnesses, medical record retrieval, accident reconstruction, court filing fees
You never pay attorney fees unless we secure a settlement or verdict for your family
If we don't win your case, you owe us nothing for our services
We only get paid when your family gets the justice and compensation you deserve
Why We Work This Way: This contingency fee arrangement means we're fully invested in winning your case. We can't afford to take cases we don't believe in, and we can't afford to do anything less than our absolute best work for every family we represent.
Many families worry that they don't have enough proof to pursue a wrongful death claim. You might be thinking:
"We don't have access to medical records"
"The police report doesn't tell the whole story"
"The other driver's insurance company says it wasn't their fault"
"We don't understand what really happened"
This is exactly why you need experienced wrongful death attorneys on your side. We have the resources and legal authority to:
Subpoena medical records, including internal hospital communications and nursing notes
Hire accident reconstruction experts to analyze crash scenes and vehicle damage
Obtain expert medical testimony to prove negligence in medical malpractice deaths
Access surveillance footage from businesses, traffic cameras, and security systems
Interview witnesses and preserve their testimony for trial
Consult with economic experts to calculate the full value of your loved one's life
You don't need to be a detective or a lawyer – that's our job. We've handled cases where initial police reports were wrong, where medical records revealed hidden negligence, and where insurance companies tried to cover up their policyholder's fault. Your job is to grieve and heal; our job is to find the truth and fight for justice.
Insurance companies cannot legally retaliate against families who pursue legitimate claims. In fact, they respect families who have strong legal representation more than those who try to handle claims alone. We serve as your buffer, handling all communications so you're protected from insurance company tactics.
If your loved one died due to someone else's negligence, your case is serious enough. We've successfully handled cases involving everything from young children to elderly retirees, from high-income professionals to part-time workers. Every life has value, and Missouri and Kansas law recognizes this through wrongful death statutes.
We've found that pursuing justice often helps families heal by providing closure and accountability. We work carefully with families to ensure everyone understands the process and feels heard. When disagreements arise about settlement offers or trial strategy, we facilitate family meetings to ensure decisions are made together.
Because we work on a contingency fee basis, you have no financial risk. If we don't win your case, you don't pay attorney fees. The only way you can be "worse off" is by not pursuing justice at all and letting the responsible party escape accountability for your loved one's death.
Your loved one didn't deserve to die because of someone else's careless or reckless actions. They had plans, dreams, and people who loved them. Their life had value that can't be measured in dollars, but the law provides a way to hold responsible parties accountable and secure your family's future.
Ensuring the responsible party faces consequences for their actions
Teaching a lesson and preventing similar tragedies from happening to other families
Securing your family's financial stability during an already difficult time
Finding some measure of closure and justice in an otherwise senseless loss
Honoring your loved one's memory by fighting for what's right
You didn't choose this situation, but you can choose how to respond to it. Choosing to fight for justice doesn't bring your loved one back, but it can provide peace of mind knowing that you did everything possible to hold the responsible party accountable.
This depends entirely on where your loved one's death occurred and where you live. In Kansas, the statute of limitations is only two years from the date of death (K.S.A. 60-513), while Missouri allows five years (RSMo 516.120). However, there are important exceptions you need to know about.
If the death involved a government vehicle or occurred on government property in Missouri, you may have only 90 days to file a notice of claim under RSMo 537.600. Kansas has similar governmental notice requirements under K.S.A. 12-105b for claims against municipalities.
For medical malpractice wrongful death cases, both states have additional complexity. Missouri requires expert testimony within 90 days of filing (RSMo 538.225), while Kansas has specific notice requirements for healthcare providers (K.S.A. 60-3402).
The bi-state nature of Kansas City means that where the negligent act occurred, where the death occurred, and where the defendant resides can all affect which state's laws apply. We analyze these jurisdictional issues immediately to ensure your family's rights are protected under the most favorable state laws.
Missouri law (RSMo 537.080) allows the following parties to file, in order of priority:
Kansas law (K.S.A. 60-1902) allows for the ‘heirs at law’ as defined by the state’s intestate succession laws, which first focus on surviving spouse and children, and if there are no spouse or children, possibly parents and grandparents, and lastly siblings, if there are no other immediate surviving relatives.
This difference is crucial, and inexperienced attorneys can mistake the rightful party and cause dismissal of the claims.
If family members disagree about filing a claim, we help families navigate these sensitive situations while ensuring the strongest legal positioning under applicable state law. While we respect the grieving process and attempt to assist the family work together, ultimately, your family may not be able to stop you if you are entitled to sue and they do not want to proceed.
The damages available depend on whether your case is filed in Missouri or Kansas, and the differences are substantial.
Missouri wrongful death damages (RSMo 537.090) include:
Medical expenses before death
Funeral and burial costs
Lost earnings and benefits the deceased would have provided
Loss of companionship, comfort, and guidance
Punitive damages if the death resulted from outrageous conduct
The victim’s pain and suffering prior to death
Kansas wrongful death damages (K.S.A. 60-1903) include:
Medical expenses related to the injury causing death
Funeral expenses
Loss of earnings, less personal maintenance expenses
Loss of companionship and society
Mental anguish and grief of surviving family members
Critical difference: Missouri allows recovery for grief and mental anguish for the deceased's pain and suffering before death, while Kansas focuses more on the family's losses. Missouri also has broader punitive damage availability.
Economic damage calculations require expert testimony in both states. We work with economists who analyze:
Lost lifetime earnings based on the deceased's age, health, and career trajectory
Lost household services (childcare, home maintenance, financial management)
Lost benefits (health insurance, retirement contributions, social security)
Educational expenses the deceased would have provided for children
Non-economic damages are more subjective but equally important. These include the value of love, companionship, guidance, and emotional support your loved one provided. In cases involving young children who died, courts recognize the parents' loss of watching their child grow up, graduate, marry, and have children.
Case values vary dramatically based on the deceased's age, income, health, family relationships, the circumstances of death, comparative fault, and legal hurdles facing the case.
The key factors that increase case value include:
Young age with long life expectancy
Income or earning potential
Strong family relationships with dependents
Particularly egregious negligence or misconduct
Defendants with substantial resources and/or insurance coverage
Factors that may limit value:
Advanced age with limited life expectancy
Significant pre-existing health conditions that dramatically affected life expectancy
Limited income or employment history
Comparative fault by the deceased
Even if you may be worried about more than one limiting factor, we strongly encourage you to speak with an attorney if you think you might have a claim. Every life has value and should never be taken by the negligence and recklessness of another.
Insurance companies will argue for the lowest possible valuation, while we work with experts to prove the highest justifiable value. The difference between a family representing themselves or inexperienced wrongful death lawyers versus experienced wrongful death lawyers can easily be millions of dollars in complex cases.
Yes, you may still have a case, but the analysis depends on which state's laws apply and the degree of fault involved.
Missouri follows pure comparative fault under RSMo 537.765, which means even if your loved one was 80% at fault, you can still recover 20% of the total damages. There's no percentage threshold that completely bars recovery in Missouri.
Kansas uses modified comparative fault under K.S.A. 60-258a, which bars recovery if your loved one was 50% or more at fault. If they were 49% or less at fault, you can recover the percentage of damages attributed to the other party's negligence.
Example: If total damages are $2 million and your loved one is found to have been 30% at fault:
In Missouri: Your family recovers $1.4 million (70% of $2M)
In Kansas: Your family recovers $1.4 million (70% of $2M)
In Missouri: Your family still recovers $800,000 (40% of $2M)
In Kansas: Your family recovers nothing (over 50% threshold)
Fault percentages are determined by the jury, not insurance adjusters
Initial fault assessments by police or insurance companies are often wrong
We frequently challenge preliminary fault determinations through accident reconstruction experts
Fault can be shifted through discovery of additional evidence (distracted driving, mechanical defects, road maintenance issues)
Failure to wear seatbelt (Missouri limits this defense under RSMo 307.178.4)
Distracted driving
Speeding or aggressive driving
Impairment by alcohol or drugs
Failure to follow traffic laws
We've successfully challenged these defenses by proving that even if present, the defendant's negligence was the primary cause of the fatal accident. For example, a drunk driver cannot escape liability by arguing the victim was speeding.
Uninsured defendants present challenges but don't necessarily prevent recovery. We pursue several strategies to protect families in these situations:
Underinsured/Uninsured Motorist Coverage: If the death resulted from a car, truck, or motorcycle accident, your loved one's auto insurance policy may include UM/UIM coverage that applies to wrongful death claims. These policies often provide substantial coverage ($100K-$1M+) even when the at-fault driver has no insurance.
Multiple Defendant Analysis: We investigate whether other parties share liability:Employers (if the defendant was working when the accident occurred)
Property owners (if dangerous conditions contributed to the accident)
Manufacturers (if defective products played a role)
Government entities (if poor road design or maintenance contributed)
Asset Investigation: Even uninsured individuals may have recoverable assets:
Real estate equity
Business ownership interests
Retirement accounts and investments
Future income garnishment possibilities
Commercial Policies: If the death occurred at a business or involved commercial activity, commercial insurance policies may provide coverage even if personal policies don't exist.
Government Claims: If a government employee or vehicle was involved, sovereign immunity may limit but not eliminate recovery options. Navigating both state and federal tort claims against government entities is one of our practice specialties. These cases can have separatem and shorter, notice and filing requirements. Such claims involve complex procedural hurdles and immunity arguments, for which we have ample experience.
The key is immediate investigation. Evidence of additional defendants or insurance coverage can disappear quickly if not preserved through proper legal channels.
Almost never, especially if it's an early offer made shortly after the death. Insurance companies routinely make lowball settlement offers to grieving families, hoping emotional distress and financial pressure will lead to quick acceptance of inadequate compensation.
Incomplete damage assessment: Insurance companies make offers before the full extent of economic loss is calculated. They don't account for:
Full lifetime earning capacity calculations
Inflation and career advancement potential
Complex benefit packages and retirement contributions
Tax implications of settlement proceeds
Future medical expenses related to the fatal injury
Emotional manipulation: Adjusters may be trained to approach grieving families when they're most vulnerable, often within days or weeks of the death. They may say things like "this will help with funeral expenses" or "we want to resolve this quickly so you can move on."
Pressure tactics: Common insurance company tactics include:
Setting arbitrary deadlines for offer acceptance
Claiming this is their "final offer"
Suggesting that hiring a lawyer will reduce your recovery
Implying that the offer will be withdrawn if not accepted immediately
Typical example: A Kansas City family is offered $150,000 by a national insurance company three weeks after their breadwinner husband/father died in a truck accident. After hiring expert wrongful death lawyers, it was discovered that the trucking company had falsified logbooks, the driver was over hours-of-service limits, and the truck had maintenance violations. The case settled in excess of $4 million.
Comprehensive economic analysis with expert economists
Medical expert review to understand the full circumstances of death
Investigation of all potential defendants and insurance policies
Calculation of non-economic damages based on family relationships
Strategic negotiation timing to maximize leverage
The insurance company's offer is just their starting position. They expect negotiation and have built substantial room for increases into their evaluation. Accepting their first offer means leaving potentially millions of dollars on the table that should go to your family.
Case timelines vary significantly based on complexity, but most wrongful death cases resolve within 12-36 months. Here's what affects timing:
Clear liability with strong evidence
Adequate insurance coverage
Straightforward damages calculation
No disputes among family members
Defendant's willingness to negotiate reasonably
Complex liability requiring expert analysis
Multiple defendants with coverage disputes
High-value cases where insurers fight harder
Medical malpractice cases requiring extensive expert testimony
Cases requiring trial due to unreasonable insurance positions
Months 1-3: Investigation and Case Building
Medical record collection and expert review
Accident reconstruction and evidence preservation
Economic analysis and damage calculation
Insurance coverage investigation
Expert witness retention
Months 4-12: Formal Legal Process
Lawsuit filing in appropriate Missouri or Kansas court
Discovery process (depositions, document production)
Expert witness reports and depositions
Mediation attempts (required in many Kansas City courts)
Months 12-24: Resolution Phase
Settlement negotiations with all parties
Trial preparation if settlement unsuccessful
Trial (typically 1-2 weeks for wrongful death cases)
Appeal period (30 days in both Missouri and Kansas)
Appeals by defendants hoping to avoid payment
Complex estate issues requiring probate court involvement
Insurance coverage litigation between multiple carriers
Discovery of additional defendants during investigation
We keep families informed throughout the process with regular updates, strategy meetings, and clear explanations of each phase. While no one wants their case to take years, we never recommend rushing to an inadequate settlement just to resolve the matter quickly.
This is one of the most confusing areas of the law, and the distinction affects what damages your family can recover. Both Missouri and Kansas recognize both types of claims, but they serve different purposes.
Wrongful Death Claims compensate the family for their losses due to losing their loved one:
Lost financial support and services
Grief and mental anguish of survivors
Funeral and burial expenses
Survival Actions compensate the estate for what the deceased suffered before death:
Pain and suffering between injury and death
Medical expenses for treatment of the fatal injury
Lost wages from injury date to death date
Practical example: Your loved one was injured in a car accident, suffered in the hospital for three weeks with medical bills of $200,000, then died from their injuries.
Wrongful death claim: Compensates your family for losing future support, companionship, and guidance
Cases involving conscious pain and suffering before death
High medical expenses during treatment of the fatal injury
Cases where punitive damages are appropriate due to outrageous conduct
Situations where the deceased had significant lost wages between injury and death
Who receives survival action proceeds differs from wrongful death:
Survival actions go to the estate and are distributed according to the will or intestacy laws
Wrongful death proceeds go directly to statutory beneficiaries (spouse, children, parents)
This distinction can significantly affect tax consequences and how proceeds are distributed among family members. We work with estate planning attorneys to ensure the most favorable outcome for your family's specific situation.
Selecting the right legal representation for your family's wrongful death case is one of the most important decisions you'll make. Here's what you should look for:
Bi-state expertise: Given Kansas City's location, your attorney must understand both Missouri and Kansas wrongful death laws
Trial experience: Many cases settle, but insurance companies negotiate more seriously with attorneys they know will go to trial
Medical knowledge: Wrongful death cases often involve complex medical issues requiring attorneys who understand medical terminology and procedures
Economic expertise: Calculating lifetime damages requires sophisticated economic analysis and expert witness coordination
Attorneys who primarily handle other practice areas
Firms that promise specific outcomes or guaranteed results
Lawyers who pressure you to sign immediately
Attorneys who don't explain the difference between Missouri and Kansas law
Firms that don't have trial experience in wrongful death cases
Firms that pressure early-offer, unfair settlement. This is key in wrongful death where the first offer may still be large. For example, a $400,000 offer is made, but the best wrongful death attorneys in Kansas City could achieve $4,000,000.
Hundreds of millions of dollars in wrongful death claims successfully handled across Kansas and Missouri.
Licensed in both Missouri and Kansas with deep understanding of bi-state legal differences
$50M+ in wrongful death settlements and verdicts over the past decade
Network of expert witnesses including medical professionals, economists, and accident reconstruction specialists
Why experience matters: Insurance companies evaluate attorneys based on their preparation, legal knowledge, and willingness to take cases to trial when necessary. They respond differently to attorneys who demonstrate thorough case preparation and deep understanding of wrongful death law versus those who may settle cases without proper investigation. Our commitment to comprehensive case preparation and trial readiness helps ensure families receive fair consideration for their claims.
The consultation process: We offer free consultations where we evaluate your case, explain your legal options, and answer all your questions. You should never feel pressured to hire us – this decision should be made when you're confident we're the right fit for your family's needs.
Remember, you're not just hiring a lawyer – you're choosing an advocate who will fight for justice during one of the most difficult times in your life. Choose someone who understands both the legal complexity and emotional weight of your family's loss.
If you're reading this, you're likely facing one of the most difficult situations any family can endure. The loss of someone you love due to another person's negligence creates a unique kind of pain that combines grief, anger, and uncertainty about the future.
You don't have to navigate this alone. We've helped hundreds of Kansas City families pursue justice after wrongful death, and we understand both the legal complexities and the emotional challenges you're facing.
Remember:
Consultations are completely free
You pay nothing unless we win your case
We handle all case costs upfront
Every day you wait makes evidence harder to preserve
Your loved one deserved better than what happened to them. They deserved to come home safely, to continue being part of your family's story, to see their children grow up or enjoy their retirement years.
While we can't bring them back, we can help ensure that the person or company responsible for their death is held accountable. We can fight to secure your family's financial future and provide some measure of justice during this devastating time.
Call us now at (816) 451-8100 or fill out our confidential contact form below.
Don't let the insurance companies minimize your loss or pressure you into accepting less than your family deserves. You have enough to worry about – let us handle the legal fight while you focus on healing and remembering your loved one.
The consultation is free, the guidance is invaluable, and the peace of mind of knowing you have experienced advocates fighting for your family is priceless.
Contact Apex Injury Attorneys at (816) 451-8100 or Contact Us Below!
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