Wrongful Death
Wrongful Death Attorneys in Liberty & Kansas City, Missouri
Losing a family member is never easy. Learning that the death could have been prevented if someone had been more careful or if proper procedures had been followed makes the pain even worse.
A wrongful death claim can be brought any time an individual is killed through the negligence of another person, company, or entity. These cases arise from car accidents, truck wrecks, medical errors, defective products, workplace incidents, nursing home neglect, and other preventable circumstances.
At Dougherty & Holloway, our attorneys have more than 30 years of experience handling wrongful death lawsuits throughout Missouri and Kansas. We understand that no amount of money will replace the person you lost. But holding the responsible party accountable and securing compensation for your family can provide a measure of justice and the financial stability you need to move forward.
Who Can File a Wrongful Death Claim in Missouri?
Under Missouri law, wrongful death claims may be filed by specific family members or representatives of the deceased. Understanding who has the legal right to bring a claim is an important first step.
In Missouri, the following individuals may file a wrongful death lawsuit:
The spouse, children, or grandchildren of the deceased. If none of these survive, then the parents or siblings of the deceased may file. If the deceased was a minor, the parents or legal guardian may bring the claim.
A class of plaintiffs may also include those who suffered damages as a result of the death, including loss of financial support, loss of companionship, and funeral and burial expenses.
Missouri's wrongful death statute has specific requirements regarding who can bring a claim, the damages that can be recovered, and the deadlines for filing. An experienced attorney can help you understand your rights and guide you through the process.
Common Causes of Wrongful Death Claims
- Car accidents
- Motorcycle accidents
- Semi-truck and commercial vehicle accidents
- Pedestrian and bicycle accidents
- Medical malpractice and surgical errors
- Prescription and medication errors
- Nursing home neglect and abuse
- Hospital negligence
- Defective or dangerous products
- Construction and workplace accidents
- Dangerous property conditions
- Criminal acts due to negligent security
This list is not exhaustive. If your loved one's death was caused by the negligence or wrongful act of another, contact us to discuss your case.
How We Handle Your Wrongful Death Case
Listen to Your Family
We begin by sitting down with you and your family to understand what happened, how the loss has affected your lives, and what your loved one meant to your family. Every wrongful death case begins with the person who was lost.
Investigate the Circumstances
We conduct a thorough investigation into the circumstances of the death, gathering evidence, consulting experts, and identifying every party whose negligence may have contributed to your loss.
Calculate the Full Impact
We work to determine the complete financial and personal impact of the loss, including lost income and future earning potential, medical and funeral expenses, loss of companionship, and the emotional toll on surviving family members.
Pursue Justice for Your Family
We negotiate aggressively with the responsible parties and their insurers. If a fair settlement cannot be reached, we are prepared to take your case to trial. Ed and Phil have tried over 300 jury trials and are not afraid of the courtroom.
"Through a friend at church, I spoke with a lawyer in Kansas City and told him what I needed. This lawyer told me that I should hire Ed Dougherty, and that's what I did. Even though his office was hours from my home, he worked with me as if he officed in our small town. Mr. Dougherty and Mr. Holloway worked on our case aggressively, always returned my phone calls and always helped me understand every aspect of the death case against the health care provider."
Rhonda Kelley
Wrongful Death Client
Each client's case is unique. These testimonials reflect individual experiences and do not guarantee a similar outcome.
Wrongful Death FAQ
In Missouri, the statute of limitations for wrongful death claims is three years from the date of the death. This is shorter than the five-year limit for general personal injury claims. Failing to file within this window will prevent you from pursuing your case, so it is important to consult with an attorney as soon as possible.
Missouri law allows surviving family members to seek compensation for medical and funeral expenses, lost wages and future earning potential of the deceased, loss of companionship and consortium, pain and suffering experienced by the deceased before death, and in some cases, punitive damages against the responsible party.
Yes. A wrongful death lawsuit is a civil case, which is separate from any criminal proceedings. The standards of proof are different in civil and criminal cases, and a civil claim can proceed regardless of whether criminal charges are filed or result in a conviction.
Missouri follows a pure comparative fault rule. Even if your loved one was partially at fault for the circumstances that led to their death, your family may still be able to recover compensation. The amount recovered would be reduced by the deceased's percentage of fault.
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