Wrongful death cases are civil actions for damages against a person or entity that caused the death of another person through negligent or intentional misconduct. A wrongful death lawyer in Kansas City MO from Gregory and Associates can bring such a lawsuit at the same time that the person who caused a death is being prosecuted in a criminal case, but the two cases will be heard in different courtrooms by different judges.
Who Can Bring an Action?
Missouri law has strict limitations on who is allowed to bring a wrongful death lawsuit. As per the Missouri Revised Statutes section 537.080, those people are a surviving spouse, a parent, child, or a descendant of the decedent. Under certain circumstances, a brother or sister of the decedent is also permitted to bring a wrongful death lawsuit.
The Burden of Proof
Whether a person is convicted for a homicide in a criminal court is irrelevant. That’s because there’s a different burden of proof in a civil case. The person bringing the wrongful death case need only prove the case by a preponderance of the evidence. That means that the person’s version of events is more likely true than not true.
You Need a Wrongful Death Lawyer
You don’t want to try to bring a wrongful death action alone. Insurance companies know that the stakes are high in these types of cases. You’ll want an experienced and aggressive wrongful death lawyer in Kansas City MO from Gregory and Associates.
If your family member met an untimely death through the fault of somebody else, you’ll want to speak with us. Just call or email to arrange for a free consultation and case review. We promise to listen to you carefully. We’ll answer your questions and advise you of your full range of legal options. Contact our office today to schedule an initial case consultation.