Wrongful death

Amick Law Firm LLC
Attorney Brian Amick has been handling wrongful death cases for twenty-three years
102 E. 125th Place
Kansas City,MO
Phone: 816-305-6211

Kansas City Wrongful Death Trial Attorneys

In all of our wrongful death cases, we take the time to get  to know who the person who died was, what that person meant to the family (both  financially and emotionally), what the person’s job was and what future  prospects the person may have had, and what the person’s hobbies and other  community activities were.  We try to get as full a picture as possible of  the person’s life because we have to persuasively present evidence as to the  value of that life.  The process is difficult for the family, but we  understand and try to make it part of the healing process and not an additional  burden.

Wrongful Death Case Explained When someone dies due to the negligence of another, the law allows the heirs of the decedent to bring a claim for damages. This is called a “wrongful death claim.”

Wrongful Death Class Members Generally, the individual(s) who are the proper parties to bring a wrongful death lawsuit are the spouse, children or parents of the deceased individual.  If the individual was not married, had no children or parents, then a brother or sister may bring the lawsuit.  The proper parties vary state by state.

Proving Fault in a Wrongful Death Lawsuit A wrongful death lawsuit is brought against the person or company whose fault caused the wrongful death.

Compensation for Loss   A wrongful death lawsuit is not a criminal prosecution. Only state or federal prosecutors can bring criminal charges. The sole reason for a wrongful death claim is to compensate the heirs of the decedent for their loss.

Each state has different laws about the type of losses for which wrongful death compensation is allowed.

  • Most states allow for the recovery of lost income the decedent would have provided his loved ones.
  • Most states do not allow recovery for grief or anger suffered by the surviving heirs, but do allow money damages for the loss of advice, care, comfort and companionship the deceased would have provided had he or she lived.
  • Some states also allow money damages for the pain and suffering of the deceased person prior to death.
  • Some states allow for puntive damages or aggravating circumstances damages if the conduct of the person who cause the death is egregious

Types of Wrongful Death Cases Wrongful death lawsuits are typically pursued in cases involving auto accidents, medical malpractice, product liability and any other situations in which the fault of someone caused the death.

Many states have interpreted the wrongful death statutes to allow families to sue for compensation for the death of an unborn baby due to an accident, malpractice or defective product.

The Court Approves the Division of Wrongful Death Proceeds among Heirs   Once the trustee and his or her wrongful death lawyer collect all of the financial compensation allowed by law, it is up to the court to approve the wrongful death settlement and divide the proceeds among the heirs. In most cases, the heirs agree upon how the money should be divided and the judge simply approves the agreement. But if the heirs cannot agree upon a distribution that is fair to all the heirs, the judge will take testimony and then decide the amount each heir will receive.

Attorney Brian Amick has handled numerous wrongful death cases on behalf of the survivors of a loved one.  He handles wrongful death cases in Missouri, Kansas and and other states.  If you have lost a loved one due to the fault of another person or business, please contact us for a free case review.  If we take your case we will front all costs and will work on a contingency fee, meaning that you won’t pay any attorneys’ fees unless and until there is a settlement or verdict in your favor.