Kansas City Wrongful Death Lawyer
Fighting for Kansas City Families Since 1997: 50+ Years of Combined Experience
Wrongful death cases sit at one of the hardest intersections a family can face: grief and legal complexity arriving at the same time. Our wrongful death lawyers at Bertram & Graf, L.L.C. understand both dimensions. With five attorneys and over 50 years of combined experience, we give every case the individual attention it requires. We investigate the circumstances of your loved one’s death thoroughly to build the strongest possible representation, and we work on a contingency fee schedule, meaning you owe us no legal fees unless we recover on your behalf.
To request a complimentary case review, call our firm at (888) 398-2277.
What Qualifies as a Wrongful Death Under Missouri Law?
Under Missouri law, a wrongful death is the death of a person resulting from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled the deceased to recover damages. The definition is intentionally broad, covering deaths caused by negligence, recklessness, and intentional conduct across a wide range of settings.
Who Can File a Wrongful Death Claim?
Missouri law under RSMo 537.080 sets a specific priority hierarchy for who may file. The first class eligible to file a claim includes the deceased’s:
- Spouse
- Children, or the surviving lineal descendants of any deceased children
- Parent
If the deceased has none of the above, a sibling or the sibling’s descendants may file. If no one in either class is available, a plaintiff ad litem appointed by the court at the request of an interested party may bring the action.
Types of Wrongful Death Cases We Handle
When a death results from someone else’s negligence or error, the loss carries a weight that goes beyond grief. Our firm handles wrongful death cases across a full range of circumstances, including deaths caused by defective medical devices and dangerous products. We have litigated cases against some of the country’s largest medical device manufacturers, and that background directly informs how we approach product liability claims. If your loved one was killed due to any of the following, contact us today:
- Car accident
- Motorcycle accident
- Pedestrian accident
- Boat accident
- Truck accident
- Premises liability
- Workplace accident
- Medical malpractice
- Defective or dangerous products, including defective medical devices
Damages Recoverable in a Missouri Wrongful Death Claim
Missouri wrongful death law allows surviving family members to recover both economic and noneconomic losses. Common categories of recoverable damages include:
- Medical expenses incurred before death
- Lost earning capacity and financial support the deceased would have provided
- Funeral and burial expenses
- Loss of companionship or guidance
- Mental and emotional pain and suffering
Punitive damages may also be available when the defendant’s conduct was particularly egregious. In wrongful death cases arising from medical malpractice, Missouri caps noneconomic damages under RSMo 538.210. That cap started at $700,000 for incidents on or after August 28, 2015, and increases by 1.7% annually. Missouri doesn’t impose a comparable cap on noneconomic damages in non-malpractice wrongful death cases. The overall value of a claim depends on factors including the deceased’s age, earning capacity, life expectancy, and the family’s degree of financial and emotional dependency.
Statute of Limitations for Wrongful Death Claims
Wrongful death suits in Missouri must be filed within three years of the date of death under RSMo 537.100. Missing that deadline can extinguish your right to pursue a claim.
Kansas City metro cases may fall under Missouri or Kansas law depending on where the death occurred. Kansas carries a two-year statute of limitations, a full year shorter than Missouri’s. Attorney Tim West is admitted to practice in both states, so our firm can handle wrongful death claims under either jurisdiction. Consulting with our attorneys promptly after a loved one’s death can help preserve critical evidence and reduce the risk of a missed filing deadline.
Proving Negligence in a Wrongful Death Case
To pursue a wrongful death claim, a family must establish that the defendant’s negligence caused the death. Missouri courts apply a preponderance of the evidence standard: the evidence must show negligence more likely than not caused the loss. Every wrongful death claim built on negligence must satisfy four elements.
Duty of Care:
The defendant had a legal obligation to act reasonably and avoid causing harm. Drivers, property owners, medical professionals, and product manufacturers all owe duties of care to those who may be affected by their conduct.
Breach of Duty:
The defendant failed to meet that standard of care through negligent, reckless, or intentional conduct.
Causation:
The breach of duty must be directly linked to the death. The plaintiff must show the death wouldn’t have occurred absent the defendant’s conduct.
Damages:
The death must have caused compensable losses to surviving family members, whether economic, noneconomic, or both.
Evidence used to establish these elements may include police reports, medical records, accident reconstruction analyses, witness statements, and expert testimony. Our attorneys work to identify and secure that evidence early, before it’s lost or altered.
Serving Wrongful Death Families Across the Kansas City Metro
Our firm serves families throughout the Kansas City metro, including those in Jackson County and on both sides of the state line. Because the metro spans Missouri and Kansas, which state’s wrongful death law applies depends on where the death occurred. Our attorneys are licensed in both states and are familiar with how Missouri wrongful death law is applied in Jackson County courts.
One of the most immediate pressures families face after a wrongful death is financial. Medical bills, funeral expenses, and the sudden loss of income can arrive all at once. We can help you pursue compensation for those losses while you focus on your family. We offer free consultations and virtual consultations, removing barriers for families anywhere in the metro. Contact us to speak with a Kansas City wrongful death attorney about your situation at no cost and with no obligation.
Why Kansas City Families Choose Bertram & Graf, L.L.C.
Founded in 1997, our firm has spent decades representing families in complex, high-stakes personal injury cases across Missouri and Kansas. Attorneys J. Scott Bertram and Benjamin A. Bertram have each earned SuperLawyers ratings for five consecutive years. Benjamin A. Bertram was also named a Top 100 Civil Plaintiff lawyer by The National Trial Lawyers Association in both 2016 and 2017 and was named to the 2017 Mass Tort Trial Lawyers Top 25. Attorney Gregory C. Graf holds an AV Rated designation from Martindale-Hubbell.
We don’t back down from difficult cases or powerful defendants. Our firm has litigated against major medical device manufacturers and large commercial entities, and we bring that same resolve to every Kansas City wrongful death case we take on. We build a strategy from the ground up for each client, because no two cases present the same facts or the same family circumstances.
Our attorneys are admitted in both Missouri and Kansas, giving us the ability to represent families whose cases may fall under either state’s law. We work on a contingency fee basis: if we don’t recover compensation for you, you don’t owe us attorney’s fees.
Don’t wait to get your case started. Call Bertram & Graf, L.L.C. or request free consultations online today.