Independence Wrongful Death Attorney

Losing a loved one due to someone else’s negligence is an unimaginable tragedy. While no legal action can compensate for your loss, a wrongful death lawsuit can provide much-needed financial relief and a sense of justice. At Langdon & Emison, our skilled Independence wrongful death attorneys are here to guide you through this challenging time, helping you understand your rights and options.

The civil courts may be your only opportunity to hold those responsible accountable. With our experienced and compassionate attorneys by your side, we’ll fight to secure the compensation you need to ease the financial burdens of medical bills, funeral costs, and lost income. Contact us online or at (866) 931-2115 for a free consultation to discuss your case and take the first step toward justice.

Decades of trusted advocacy: Fighting for justice and fair compensation in Missouri

For over 30 years, Langdon & Emison has been protecting the rights of people hurt in avoidable accidents. Our firm is nationally recognized with a strong track record of record-setting verdicts and settlements against powerful national corporations.

Our Independence office is convenient for clients in western Missouri. As local litigators, we’re very comfortable in the 16th Judicial Circuit Court and the civil courtrooms of Jackson County.

The law should help give a voice to families who suffered personal and financial loss. Our approach is tailored to the details of each claim, but every argument we make is firmly based on Missouri personal injury statutes and case law. Langdon & Emison seeks a fair resolution for every case and provides compassionate guidance for every wrongful death claim.

Your right as a surviving family member to file a wrongful death claim

There is a difference between an unfortunate accident and a wrongful death. If the deceased would have been eligible to file a personal injury lawsuit had they lived, it’s wrongful death. Their surviving family members may file a claim against the party who contributed to their loved one’s death.

Missouri law designates specific individuals who are eligible to file a wrongful death suit.

The first category of eligible family members to file a wrongful death claim includes the person’s spouse, children, and grandchildren. If they had no spouse, children, or grandchildren, then the parents can file a wrongful death suit. In cases where the victim is a child, the parents are usually the primary party to file the suit.

If no surviving family member fits the first category of eligibility to file, then the deceased’s siblings or descendants of their siblings may file a suit.

In some cases, Missouri law permits an interested party, a plaintiff ad litem, to file a wrongful death claim if the deceased has no surviving family members in the above two categories.

Compassionate advocacy: Seeking justice while you focus on healing

We are plaintiffs’ attorneys supporting injured and grieving families like yours. Our commitment to success is evidenced in our impressive results. We take your concerns seriously and work for justice on your behalf.

Although we focus on results, we understand that filing a civil suit can feel overwhelming and evoke unpleasant emotions. Langdon & Emison handles the legal heavy lifting as you assert your rights. It begins with your initial consultation.

We draft the initial wrongful death suit after thoroughly investigating the incident and gathering evidence to prove that:

• The named defendant had a duty of care for your loved one’s safety
• They failed to protect your loved one due to oversight, negligence, or malicious action
• This failure caused your loved one’s death
• You and your family suffered financial losses because of your loved one’s death

These four elements of negligence must be proven for a successful wrongful death settlement. We have extensive resources to build your case and help properly value your claim, including:

• Private investigators
• Safety experts
• Medical experts
• Financial experts
• Forensic accountants

As your Independence wrongful death attorney, we shield you as much as possible as your claim progresses so you and your family can grieve and rebuild in peace. We are the main point of communication with the other party, drafting and filing all necessary legal motions and representing you in court.

If your case goes to mediation or arbitration, we handle the preparations, present our evidence, and negotiate a fair settlement.

The legal process of filing a wrongful death suit

Our clients often ask how long it takes for their wrongful death attorney in Independence, MO to conclude their case. We start with an initial free consultation where we evaluate the nature of your loved one’s death and advise you if you have a wrongful death claim.

If you do have a case, you can expect the legal process to unfold like so:

• Investigation of the incident to determine the at-fault party or parties. Some cases may have multiple defendants. We name all liable parties in your case.
• We gather evidence to prove the defendant’s negligence, interview witnesses, review videos of the incident, and analyze digital and computer data. We also check safety and maintenance records for the facility where the accident happened.
• File the initial claim in Jackson County civil court. It’s important to file the claim soon, as the statute of limitations to file is three years from the date of your loved one’s death.
• Calculate a fair value of all your economic and non-economic damages, including material losses and pain and suffering.
• Send a Demand Letter to the at-fault person or entity stating the nature of the incident, the defendant’s fault, and the value of your damages.

At this point, we may be able to settle your case if the facts are overwhelmingly against the defendant. Once we send a demand letter, the defendant can do one of three things:

• Agree to liability and the amount of damages we request, and pay the claim as stated
• Agree to liability but contest the value of your losses; in these cases, we negotiate a fair compromise for damages
• Deny liability

If we cannot come to a fair agreement for damages with the defendant, or if they deny liability in the death of your loved one, then we proceed with the civil case. The phases of a civil action in Missouri are as follows:

• The discovery phase, where each side collects evidence, deposes witnesses, and exchanges information
• Court hearings on various motions filed by either side, which may involve admissibility of evidence or may involve general pre-trial “housekeeping” matters
• Trial. We present evidence and arguments demonstrating the defendant’s liability. The defense has an opportunity to contest our evidence and present their side of the story. Whether or not you testify will depend on our case. Often, the affected family members may testify as to the impact that losing their loved one has had on their household finances and the bills and burdens they now have. This helps establish our claim for material damages.
• Jury verdict and judgment

The case may be settled at any point before the jury returns a verdict. If the defendant’s case is going worse than the defense anticipated, for example, then they may offer to settle to avoid a large jury verdict or punitive damages.

Langdon & Emison has decades of experience handling all types of wrongful death cases

A wrongful death can happen in many ways. The common denominator in all wrongful death claims is that they were avoidable, had the at-fault party taken proper care of your loved one’s safety. Our firm is equipped to handle all the common types of wrongful death causes—and the uncommon ones.

A wrongful death claim in Missouri may arise from:

• Traffic collisions, including semi-truck crashes and crashes caused by someone under the influence of alcohol or drugs.
• Medical malpractice, including misdiagnosis, delayed treatment, surgical errors, improperly administered anesthesia, and lack of informed consent.
• Defective products, including design flaws, manufacturing errors, and marketing defects. It also includes failure to warn. Common defective product claims involve dangerous drugs, children’s car seats, power tools, and vehicles (cars, golf carts, ATVs, or boats).
• Workplace safety accidents stemming from a failure to maintain a safe working environment. These may include accidents due to a lack of safety gear or cutting corners with safety protocols, defective machinery or tools, falling from heights, or being struck by an object. Workplace accidents can also include developing an occupational illness or disease, like mesothelioma.
• Aviation and maritime accidents, including a plane or helicopter crash or a boating accident.
• Premises liability covers a wide range of incidents from building collapse to inadequate lighting, assault, daycare injuries, or an animal attack.
• Theme park and entertainment venue injuries, which are a subset of premises liability claims and can include any type of incident at an amusement park, carnival, event, or concert.
• Pedestrian and cycling accidents, in which someone on a bike or foot is struck by a car or truck.
• Malicious action, in which someone is the victim of an intentional assault or attack, murder, manslaughter, or vehicular manslaughter.

These aren’t the only causes of wrongful death. If you don’t see the cause of your loved one’s death on this list, we invite you to discuss the matter with our wrongful death lawyer in Independence.

Call Langdon & Emison at (866) 931-2115 or fill out our online contact form.

Our attorneys seek justice for your loved one and help your family move forward

While no legal action can truly replace what you’ve lost, a wrongful death lawsuit can offer financial stability and hold those responsible accountable.

At Langdon & Emison, our compassionate Independence wrongful death attorneys are here to support you, explain your rights, and guide you through every step of this difficult journey. Contact us online or call (866) 931-2115 to schedule a free consultation today.

We answer frequently asked questions about wrongful death claims

Get answers from a wrongful death attorney in Independence. We welcome you to ask specific questions about your claim in your free initial consultation.

How much time do I have to file a wrongful death claim?

The statute of limitations for filing a claim is three years from the date of your loved one’s death. If you miss this deadline, your case will almost certainly be dismissed.

What kind of damages can I receive in a wrongful death case?

You have the right to claim material losses, including burial and funeral costs, loss of contribution to the household, and lost wages. You may also demand compensation for non-material losses, including loss of companionship, consortium, and guidance.

Who can file a claim for wrongful death?

Only one claim is permitted. Parents, children, and spouses cannot each file a claim. The settlement from the case would be divided between survivors.

Local resources for surviving family members in Independence

Grief and bereavement support groups

• GriefShare Group – Abundant Life

Eastern Jackson County Chapter – The Compassionate Friends