Losing a loved one to a traumatic brain injury (TBI) is a devastating experience that can leave families overwhelmed with grief, financial stress, and many unanswered legal questions. When a fatal brain injury results from someone else’s negligence, surviving family members may have the right to pursue a wrongful death claim. Understanding how these claims work in Kansas and Missouri can help families make informed decisions during an incredibly difficult time.
What is a Fatal Traumatic Brain Injury?
A traumatic brain injury happens when a sudden blow, impact, or jolt interferes with normal brain function. In the most serious situations, these injuries may cause lasting disability or even death. Fatal brain injuries are often linked to serious accidents such as car crashes, dangerous slips and falls, and other unexpected events involving significant head trauma.
When Can You File a Wrongful Death Claim?
A wrongful death claim can be filed when someone dies due to another person’s negligence, carelessness, or recklessness, such as a distracted driver or unsafe property conditions. These claims are civil lawsuits meant to make the responsible party pay for the losses the surviving family members have endured and may continue to endure.
Who Can File a Wrongful Death Claim in Kansas?
Under Kansas law, a wrongful death lawsuit may generally be brought by any individual considered an “heir at law” who has experienced a personal loss because of the death. This often includes the deceased’s surviving spouse, children, parents, or even grandparents. If none of these relatives are living, a surviving sibling may have the right to take legal action. The key requirement is that the person filing the claim must be able to show that they were directly affected by the loss and suffered damages as a result of the fatal incident.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law sets out a clear order for determining who has the right to pursue a wrongful death lawsuit. Generally, the first individuals eligible to file are the deceased person’s surviving spouse, children, or parents. If a child of the deceased has also passed away, that child’s own descendants may be able to bring the claim. When no one in this primary group is living, the right may extend to surviving siblings or their descendants. If no qualifying relatives are available, the court can appoint a neutral representative, known as a plaintiff ad litem, to file the claim.
Filing Deadlines
Wrongful death claims involving fatal traumatic brain injuries must be filed within strict legal time limits. In Kansas, families generally have two years from the date of death to start a lawsuit. In Missouri, the deadline is typically three years. Missing these filing deadlines can prevent surviving relatives from seeking compensation. It is important to seek legal guidance promptly to protect your rights and preserve critical evidence.
Recoverable Compensation
In traumatic brain injury wrongful death cases, eligible family members may seek compensation for both economic and non-economic losses. Recoverable damages can include funeral and burial costs, medical expenses incurred before death, lost future income and benefits, and loss of companionship and guidance.
Contact Us for Legal Help
If your loved one suffered a fatal brain injury, contact our experienced brain injury counsel at Griggs Injury Law today to protect your rights and pursue the compensation your family deserves.
