Contact Apex Injury Attorneys at (816) 451-8100 or Contact Us Below!
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:
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.
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.
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:
This is exactly why you need experienced wrongful death attorneys on your side. We have the resources and legal authority to:
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.
"What if the insurance company retaliates or makes our lives difficult?" 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.
"What if our case isn't serious enough to pursue?" 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.
"What if this legal process tears our family apart?" 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.
"What if we lose the case and end up worse off than before?" 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.
Pursuing a wrongful death claim is not about greed – it's about:
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.
How long do I have to file a wrongful death claim in Kansas City?
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.
Who can file a wrongful death lawsuit in Kansas City?
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.
What damages can we recover in a wrongful death case?
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:
Kansas wrongful death damages (K.S.A. 60-1903) include:
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:
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.
How much is a wrongful death case worth in Kansas City?
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:
Factors that may limit value:
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.
Do I have a case if my loved one was partially at fault?
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:
But if your loved one was 60% at fault:
Important considerations about fault determination:
Common fault arguments insurance companies make:
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.
What if the person who caused the death doesn't have insurance?
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:
Asset Investigation: Even uninsured individuals may have recoverable assets:
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.
Should we accept the insurance company's settlement offer?
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.
Why early offers are typically inadequate:
Incomplete damage assessment: Insurance companies make offers before the full extent of economic loss is calculated. They don't account for:
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:
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.
What we do differently:
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.
How long does a wrongful death case take in Kansas City?
Case timelines vary significantly based on complexity, but most wrongful death cases resolve within 12-36 months. Here's what affects timing:
Factors that speed resolution (6-18 months):
Factors that extend timeline (18+ months):
Typical Kansas City timeline:
Months 1-3: Investigation and Case Building
Months 4-12: Formal Legal Process
Months 12-24: Resolution Phase
Why some cases take longer:
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.
What's the difference between wrongful death and survival actions?
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:
Survival Actions compensate the estate for what the deceased suffered before death:
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.
When survival actions are particularly important:
Who receives survival action proceeds differs from wrongful death:
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.
How do we choose the right wrongful death attorney in Kansas City?
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:
Essential qualifications:
Red flags to avoid:
Questions to ask potential attorneys:
Our qualifications:
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.
Here's what happens when you call us:
Remember:
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 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!