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Wrongful Death

Overland Park Wrongful Death Attorney

Compassionate Legal Help for Grieving Families

Losing a loved one is always difficult, but it can be especially traumatic when the death was caused by someone else’s negligence or wrongdoing. In addition to the emotional pain and suffering, families may be left with significant financial burdens, including medical bills, funeral expenses, and the loss of the deceased’s income and benefits. If your loved one’s death was the result of someone else’s negligence, you have the right to seek justice and compensation for your losses.

At Shamberg, Johnson & Bergman, our Overland Park wrongful death lawyers know that no amount of money can ever replace the person you have lost. However, by filing a wrongful death claim, you can hold the at-fault party accountable and obtain the financial resources you need to begin healing. Our legal team has been serving clients throughout Kansas and Missouri for more than 75+ years. We have a proven track record of success, including numerous million- and multi-million dollar settlements and verdicts. We are prepared to fight for you.

Call (816) 542-5999or contact us onlinetoday to schedule a free consultation with one of our experienced attorneys.

What is Wrongful Death?

Wrongful death is a legal term used to describe a death caused by someone else’s negligence, carelessness, or wrongful act. This can include a wide range of incidents, from auto accidents to dangerous products to medical malpractice and more.

Some of the most common causes of wrongful death include:

  • Car, truck, and motorcycle accidents
  • Pedestrian and bicycle accidents
  • Recreational vehicle accidents
  • Boating accidents
  • Workplace accidents
  • Construction accidents
  • Defective products
  • Medical malpractice
  • Birth injuries
  • Slip and fall accidents
  • Nursing home abuse and neglect

Under Missouri and Kansas law, a wrongful death claim is a civil lawsuit that may be filed by the surviving spouse, children, parents, or other close family members of the deceased. If the deceased has no surviving family members, the personal representative of the deceased’s estate may file a claim on behalf of the estate. Siblings, cousins, and other extended family members are not eligible to file a wrongful death claim.

What Compensation Is Available in a Wrongful Death Claim?

When a wrongful death claim is successful, the surviving family members or the deceased’s estate may be awarded compensation for their losses. This is intended to help the family recover both economic and non-economic damages.

Some of the most common types of damages awarded in a wrongful death case include:

  • Medical bills and expenses
  • Funeral and burial costs
  • Lost wages and benefits
  • Lost future earnings
  • Lost inheritance
  • Loss of consortium
  • Pain and suffering
  • Loss of care, guidance, and counsel

In Kansas, there is no cap on wrongful death damages. This means that juries are free to award as much compensation as they believe is appropriate. In Missouri, there is a $350,000 cap on non-economic damages, such as pain and suffering, in wrongful death cases. This cap is subject to adjustment for inflation.

The statute of limitations on wrongful death claims in both Missouri and Kansas is generally two years from the date of death. If you do not file your claim within this time frame, you will most likely lose your right to compensation. However, there are certain exceptions to this rule, so it is important to contact an experienced attorney as soon as possible to discuss your case.

Compassionate Legal Guidance Every Step of the Way

At Shamberg, Johnson & Bergman, we understand that no amount of money can ever compensate you for the loss of your loved one. However, by filing a wrongful death claim, you can obtain the justice you deserve and the financial resources you need to begin healing.

Our Overland Park wrongful death attorneys are here to provide the compassionate legal guidance you need during this difficult time, as well as the aggressive advocacy you need in the courtroom. We are available to answer your questions and address your concerns, and we will fight tirelessly for you from start to finish.

If your loved one was killed in an accident, contact us today at (816) 542-5999to schedule a consultation with one of our wrongful death lawyers in Overland Park.

What Makes Shamberg, Johnson & Bergman Different?

  • Highly Respected in Our Field
    Our attorneys are well-established in various areas of practice, including Attorney Lynn R. Johnson, who is a member of the prestigious Inner Circle of Advocates.
  • A Legacy of Excellence
    We have a longstanding history of exemplary legal representation dating back to 1949, but are committed to leveraging forward-thinking practices and technology for the benefit of our clients.
  • Trial-Ready Legal Advocacy
    While most of our cases result in successful settlements, our willingness to go to trial enables us to secure more favorable outcomes.
  • A Network of Support

    We work to ensure that you receive the resources you need after an injury, including medical care, access to experts, emotional and financial support.

  • Committed to Our Community
    Our advocacy does not stop in the courtroom - it extends into our support for various local organizations that benefit our community.
  • Personal, Hands-On Attention

    All members of our team, including partners, associates and paralegals, are committed to providing direct contact and clear communication.

Serious Lawyers Serious Result

At Shamberg, Johnson & Bergman, we are here to help you. Experience the difference of personalized care and expertise that sets us apart. Contact us today to get started.

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