Kansas City Wrongful Death Lawyer

Compassionate Representation in the Event of a Wrongful Death

A wrongful death claim is a type of personal injury claim brought by a family member or dependent of someone killed through the negligence or recklessness of another.

Generally, wrongful death claims are brought by a spouse, surviving parent, or surviving children.  However, depending on the facts and/or where the case is pending (Kansas or Missouri), there may be other heirs or descendants who may be eligible to bring the claim.

Kopit Law Firm understands that there is NO amount of compensation that can replace your loved one. However, a successful wrongful death claim can recover expenses like:

• Medical bills
• Lost wages
• Funeral costs
• Loss of support, companionship, and guidance

In addition to the above, there may be a survival action, meaning a claim to recover for the pain and losses suffered between the time of injury and the time of death of the person. A successful wrongful death claim can help provide a sense of closure and the knowledge that actions were taken to help prevent similar tragedies from affecting other families in the future. 

Legal Excellence With A Personal Approach

Schedule A Free Consultation

What is a Wrongful Death?

A wrongful death is any passing that results from an intentional act or act of negligence that would otherwise have entitled the person to recover damages had they survived. As with personal injury claims, there are many types of events that can lead to a wrongful death claim, including:

• Medical malpractice
• Car accidents
• Premises liability issues
• Product liability issues
• Intentional acts
• Occupational exposure to hazardous conditions
• Deaths that occur during supervised activities

Basically, if your loved one’s death was caused by someone else’s negligence or intentional malfeasance, you may be able to file a wrongful death claim.

Elements of a Wrongful Death Claim

For your wrongful death claim to be actionable, four elements must be present:

1. Duty. The defendant must have owed a duty of care to the deceased in some capacity. Drivers, for example, must exercise caution toward other road users. Doctors provide their patients with a reasonable standard of care. Property owners must keep their premises free from obvious dangers to invited guests.
2. Breach. The defendant’s act or negligent omission must have caused a breach of their duty of care to the deceased. This would be the case if a driver was distracted behind the wheel or a medical professional failed to provide care commensurate with what another reasonable provider would have offered.
3. Causation. The defendant’s breach of duty must have led directly and foreseeably to the death of your loved one.  There must be a causal connection between the breach of duty and the death of the decedent.
4. Damages. You must have measurable damages resulting from the death, which can include both economic damages, such as funeral costs and lost wages, and non-economic damages like emotional distress including mental anguish, loss of companionship, funeral expenses, among other things.

Proving each of these elements requires evidence. The types of evidence required will vary depending on the specifics of the case.

Who Is Eligible to Bring a Wrongful Death Claim?

Missouri Revised Statutes 537.080 defines the classes of individuals who are eligible to bring a wrongful death claim following the death of a loved one. They start with surviving spouses, children, or parents. If the deceased did not have surviving family members in these classes, their siblings or other descendants may file a claim. If there are no surviving family members, a court-appointed plaintiff ad litem may bring the claim.

In Kansas, wrongful death claims are governed by K.S.A. § 60-1901 and related statutes.  Any one of the decease’s heirs at law who has sustained a loss due to the death may bring the action.  The term “heirs at law” refers to individuals who would inherit under Kansas intestate succession laws.  While the action may be initiated by one heir, it is for the exclusive benefit of all heirs to who have sustained a loss, regardless of whether they join or intervene in the lawsuit.

Wrongful Death Claims Versus Homicide Cases

Many wrongful death claims stem from murder or manslaughter cases, but they are separate entities legally. In a criminal homicide case, the defendant may face jail or prison time, fines, and other penalties paid to the state. In a civil wrongful death case, they may be found liable for the death and be required to pay compensation to the deceased person’s survivors or estate.

There is another important distinction you should know about. In criminal cases, the bar is set very high for proving guilt. The prosecution must show that the accused is guilty beyond a reasonable doubt. In civil cases, plaintiffs must only show a preponderance of the evidence against the defendant, meaning that it’s more likely than not that the person caused your loved one’s death.

A single incident can lead to both homicide charges and a wrongful death claim. Furthermore, you may file a wrongful death claim even if the person responsible for your loved one’s passing was cleared of criminal charges.

Limits on Damages

In Kansas, the total recovery for nonpecuniary damages in a wrongful death action is capped at $250,000.  This cap applies regardless of the actual damages awarded by the jury, as the court is required to reduce any jury award exceeding this amount to the statutory limit.  There is no cap on pecuniary damages, which include financial losses such as lost earnings or expenses for the care of the deceased caused by the injury.  In Kansas, punitive damages are not recoverable in a strict wrongful death lawsuit but are permitted in “survival actions” where the victim survived the injury for a period of time before dying.

There are no caps on damages in Missouri wrongful death claims that do not stem from medical malpractice cases. However, the Show-Me State does limit non-economic damages in medical malpractice wrongful death cases. The cap is adjusted annually for inflation.  Similar to Kansas, there is no statutory cap on pecuniary damages in Missouri wrongful death actions.

Missouri allows for recovery of damages for aggravating circumstances in wrongful death cases under § 537.090 R.S.Mo.  However, the cap on punitive damages against the defendant shall not exceed the greater of $500,000 or five times the net amount of the judgment awarded to the plaintiff against the defendant unless, in relevant part, the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff.

Determining Pecuniary Losses

The value of pecuniary or economic losses are generally governed by statute in both Kansas and Missouri.  Pecuniary losses are generally economic losses and can be determined by considering factors such as the decedent’s:

• Age
• Character
• Condition
• Earning capacity
• Life expectancy
• Health
• Intelligence
• Loss of services and Care
• Funeral Expenses
• Reasonable expectation of benefits
• Parent-Child Relationship

The circumstances of the beneficiaries can also come into play when determining pecuniary damages in a wrongful death case. In fact, they can be the primary consideration. Major parts of the recovery often include loss of income and loss of parental guidance. Juries also may consider the decedent’s earnings or last-known earnings if they were unemployed and their potential future earnings.

Punitive Damages in Wrongful Death Cases

Punitive damages are only awarded in wrongful death cases that stem from malicious wrongdoing or gross negligence. They are intended not to compensate the decedent’s surviving family members, but to punish the wrongdoer and deter others from behaving in similar ways.  In Kansas, punitive damages are not recoverable in a strict wrongful death lawsuit but are permitted in “survival actions” where the victim survived the injury for a period of time before dying.

Survival Actions Versus Wrongful Death Claims

It’s important to note that Missouri and Kansas also allows surviving family members to bring what are known as survival actions. These actions recover damages that the decedent suffered before they died and can be brought together with wrongful death claims. The damages in survival actions are based on the medical bills and non-economic losses of the decedent and can depend on:

• The duration of the person’s suffering
• The degree of their consciousness prior to death
• The severity of their pain
• The apprehension of impending death

Ask your wrongful death lawyer whether you are eligible to bring a survival action in addition to your wrongful death claim.

Children, Older Adults, and Wrongful Death

Courts typically measure the value of a victim’s life in a wrongful death claim by factors such as the victim’s earning potential. This can complicate wrongful death claims involving children and older adults.

When a child dies a wrongful death, the parents can recover their financial and non-economic losses. The court will consider characteristics of the claimants, including:

• Their relationship with their child
• Their age and health
• Their economic and overall circumstances

The court will also consider the child’s sex, age, health, life expectancy, earning potential, and habits. Juries are not supposed to make guesses as to how much a child would have contributed to their parents’ support, though. Instead, they work with work-life expectancy tables as starting points for their calculations.

Wrongful death claims for older adults may have limited recovery potential. Once a person passes retirement age, they may not have significant earning potential. Plus, the children of older adults are typically adults, themselves, who sometimes may not require substantial support and guidance.  However, every case is different and should be evaluated based on the specific facts.

Statute of Limitations for Wrongful Death Claims

The statute of limitations for wrongful death claims in Missouri is slightly lower than the five-year limit associated with other negligence claims. Under Missouri Revised Statutes 537.100, you have three years from the date of the death to file the claim if the death occurred in Missouri. . In Kansas, the statute of limitations for bringing a wrongful death claim is two years as set forth in K.S.A. § 60-513.  However, there may be circumstances in which a statute of limitations may be tolled/extended for a period of time.  Therefore, it is important that you contact an attorney immediately to evaluate how much time you have to file a lawsuit in Kansas and Missouri. 

Signs of a Fair Wrongful Death Settlement Offer

Insurance companies often reach out to the surviving family members of decedents who have died as a result of their clients’ actions or negligence with low settlement offers that won’t cover all of their damages. You should never accept a settlement from an insurance company without first consulting a wrongful death attorney. 

Your lawyer can make sure that any wrongful death settlement you are offered covers the full value of your losses. While NO amount of money can truly make up for the loss of a beloved family member, survivors face practical issues such as bills and meeting their personal needs while they are grieving for their loved ones. Settling a claim for less than its worth could mean missing out on essential resources.

Your lawyer can offer guidance on whether a settlement offer is fair by considering the full extent of your damages and what the court is likely to decide is a fair offer if the case goes to trial. Keep in mind that accepting a payment from the person or company responsible for the death generally means giving up the right to file further civil claims. It’s sometimes worth going to trial to get the full value of your losses.

Reasons to Hire a Wrongful Death Lawyer

Wrongful deaths can occur for all kinds of reasons. Car accidents are one of the most common sources of wrongful death claims, with 68 traffic fatalities occurring in Kansas City in 2025. Additional sources of wrongful death claims include intentional misconduct, as would be the case with KCMO’s 183 homicides in 2025; dog attacks, such as the attack that occurred in 2024 in the Marlborough East Area; and premises or product liability issues.

No matter how your loved one died, you can consult a wrongful death lawyer from Kopit Law Firm to help you understand your rights. Your lawyer can assist you with everything from making a claim to negotiating a settlement. They can provide courtroom representation, when necessary. Working with a Kansas City wrongful death attorney during this difficult time can take some of the pressure off of you so that you can focus on grieving for your loved one.

FAQs

Q: Who Can File a Claim for a Wrongful Death in Missouri?

A: Only specific family members can file a claim for a wrongful death in Missouri. The surviving spouse, children, and parents are the first people eligible to file a claim. If none of them exist, the deceased person’s siblings can file a claim or, as a last resort, a court-appointed plaintiff ad litem. Only one claim can be filed for a single wrongful death.  In Kansas, wrongful death claims are governed by K.S.A. § 60-1901 and related statutes.  Any one of the decease’s heirs at law who has sustained a loss due to the death may bring the action.  The term “heirs at law” refers to individuals who would inherit under Kansas intestate succession laws.  While the action may be initiated by one heir, it is for the exclusive benefit of all heirs to who have sustained a loss, regardless of whether they join or intervene in the lawsuit.

Q: What Is the Success Rate of Wrongful Death Claims?

A: The success rate of wrongful death claims in Missouri is relatively high in terms of obtaining compensation. The vast majority of cases result in a settlement rather than a trial verdict. When cases go to trial, plaintiffs typically have a better chance of success than those in standard personal injury cases because of the clear, tragic nature of the harm they have suffered.  However, every case must be evaluated on its own facts and circumstances.

Q: What Are the Damages for Wrongful Death in Missouri?

A: The damages for wrongful death in Missouri and Kansas compensate surviving family members for economic and non-economic losses. Common damages claimed in wrongful death cases include funeral and burial expenses, lost income, loss of companionship, loss of income, and pain and suffering for the deceased. Juries are allowed to consider aggravating circumstances.  However, damages may be subject to caps.

Q: What Is the Average Wrongful Death Claim Worth?

A: There is no way to determine what the average wrongful death claim is worth because every case is so different. Your claim’s worth will be determined by factors such as the circumstances surrounding the deceased’s death, whether there are caps on non-economic damages, as is the case with medical malpractice cases, and what the deceased’s earning capacity would have been had they survived. An attorney can help you estimate how much your specific case is worth.

Hire a Kansas City Wrongful Death Lawyer: Choose Kopit Law Firm

If your family needs to hire a wrongful death lawyer serving Kansas City, connect with Kopit Law Firm. Grieving a beloved family member is hard enough without also facing the financial hardships incurred as a result of that death. Whether you have lost a parent, child, spouse, or sibling, working with Michael Kopit is the most effective way to pursue compensation.

If you have lost a loved one due to someone else’s negligence or misconduct, the Kopit Law Firm is here to help. Michael Kopit has extensive experience with wrongful death claims. He has successfully helped surviving family members of those killed by others’ negligence. Don’t go through this challenging process alone — contact the Kopit Law Firm today for a free consultation.