If you have lost a loved one due to the negligence or wrongful action of another, the pain can be unbearable. In addition to tremendous grief, you may be feeling angry and confused. You may face extraordinary financial difficulties including large medical bills, funeral expenses, and loss of income from a primary breadwinner.
Although the pain may be unbearable, we encourage you to contact our Kansas City wrongful death lawyers as early as possible so we may initiate an investigation on behalf of you and your family. It is very important that the evidence is preserved before it is lost, altered, or destroyed. Our firm has years of experience handling these difficult and delicate cases. Their legal experience, combined with their medical knowledge, makes them highly effective at handling wrongful death lawsuits and protecting the rights of surviving family members.
Contact us at (816) 253-8606 for a free consultation with a compassionate and knowledgeable attorney.
Why Should You File a Wrongful Death Lawsuit?
A wrongful death that was caused by someone’s careless act is a pain you will never “get over.” Hopefully, with time, the ability to cope with the loss will get easier but it is not something you ever “get over”. Fighting to make sure that another family does not have to experience the pain your family is going through can be important in terms of not only making the world a safer place but to your healing process.
The Kansas City wrongful death attorneys at Cullan & Cullan are here to guide and support you through these trying times. We can investigate the circumstances surrounding your loss to determine whether someone else (an individual or a company) was responsible, and we can hold them accountable in civil court. This gives you the opportunity to see justice served, as well as to a verdict or settlement that will help you face a more stable future.
A wrongful death can result from any situation in which a person’s or group’s negligence/wrongdoing leads to the death of someone else, including:
- Auto accidents
- Semi-truck accidents
- Medical malpractice
- Nursing home negligence
- Swimming pool accidents
- Workplace accidents
Damages Recoverable in Wrongful Death Cases
In a wrongful death case, families of deceased victims can seek support for damages and losses including:
- Medical expenses
- Funeral costs
- Loss of love and emotional support
- Loss of financial support
- Loss of medical care and health benefits
- Compensation for the victim’s pre-death pain and suffering
The laws governing wrongful death lawsuits vary from state to state. If you have lost a family member as the result of someone’s carelessness, we believe you should immediately seek the advice of a competent lawyer who is knowledgeable about the laws governing your case to make sure that your rights are preserved.
Wrongful Death Caused by Medical Malpractice
Johns Hopkins reports that some 250,000 people in the United States die each year in hospitals as a result of medical errors that could have been prevented. Medical negligence occurs when a medical professional—be it a nurse, physician, surgeon, or anesthesiologist—fails to provide a standard of care that has been established as “reasonable” in the medical field.
Some examples of fatal hospital errors may include:
- Misdiagnosis or failure diagnosis
- Surgical errors
- Anesthesia errors
- Medication errors
- Birth injuries
Proving Liability in Medical Malpractice Death Cases
Doctors and hospitals have it in their best interests to fight wrongful death cases. They want to protect their reputation and their bottom line. To file a successful claim, you will need help from experienced medical and legal professionals. At Cullan & Cullan, our attorneys are also licensed medical doctors. We can determine liability and calculate the potential value of your claim. We are here to ensure that your legal rights and best interests are protected.
To establish negligence in a wrongful death action involving medical malpractice, the plaintiff will have to prove that:
- The victim died as a result of a preventable medical error.
- The medical error or negligent act was the proximate (probable, most likely) cause of the patient’s death.
- The patient had close family members who suffered compensable losses as a result of the death.
- The hospital, doctor, or nurse responsible for the error should provide compensation to the family members for their loss.
If you would like us to discuss your case with you, please call (816) 253-8606 to speak with our wrongful death lawyers in Kansas City.