Wrongful Death Attorneys
Compassionate Attorneys Helping Families in Montana, Arkansas, Kansas, & Oklahoma Heal Following Loss
Losing a loved one in an accident is a harrowing experience. Coping with its emotional and financial aftermath while trying to navigate the legal system can seem daunting, but help is available. Bishop & Hayes provides skilled legal counsel and empathetic assistance to families pursuing justice following a wrongful death.
Our wrongful death attorneys understand the importance of holding negligent parties accountable for their actions. We can carefully investigate your case, protect your rights, and vigorously pursue the compensation your family deserves. Our goal is to manage your case on your behalf, allowing you the time and space you need to grieve and begin to heal.
We have over 50 years of experience working on cases involving wrongful death in Missouri, Arkansas, Kansas, and Oklahoma. During your free initial case consultation, we can clearly explain your options, develop a compelling legal strategy for seeking damages, and tenaciously represent your interests at every stage of the process.
While we cannot undo your loss, we can help you fight for the justice and financial resources your family deserves. Let our team stand beside you during this challenging period.
Call (417) 304-3228 to schedule a free initial case consultation today.
What Exactly Is Wrongful Death?
Wrongful death occurs when a person's life is cut short due to the negligent or reckless actions of another individual, company, or entity. Losses like these have far-reaching consequences for surviving family members, leaving them to cope with emotional trauma and unexpected financial burdens.
We understand the complexities of wrongful death claims and the sensitive nature of these cases. Our goal is to guide you through the legal process with care and compassion, help you prepare and file a claim, and vigorously advocate for your right to compensation in court if we cannot reach an agreeable settlement with the liable parties in your case.
It's important to note that the laws governing wrongful death claims vary from state to state. Whether your accident took place in Missouri, Arkansas, Kansas, or Oklahoma, we can provide legal assistance personalized to the circumstances of your case.
Who Can File a Wrongful Death Claim?
The aftermath of a wrongful death is undeniably heartbreaking, and questions about legal recourse naturally arise.
Who has the right to file a claim varies between states:
- Missouri designates a clear priority system for claimants. The deceased's spouse, children, or parents hold primary rights, but if the deceased has no living spouse, children, or parents, the claim can pass to siblings or a court-appointed plaintiff ad litem.
- Oklahoma mandates that the deceased's representative (the executor of the will or a court appointee) initiates the claim. However, immediate family members still benefit from any compensation.
- Arkansas emphasizes a balance between the deceased's estate and their family's needs. The personal representative or executor typically files the claim, but damages are awarded to prioritize the spouse, children, parents, or siblings of the deceased.
- Kansas defines an "heir at law," which could be a spouse, child, parent, or sibling, as the rightful person to pursue legal action. This system depends significantly on the family structure at the time of the loss.
OUR VERDICTS & SETTLEMENTS
MORE THAN $100,000,000 RECOVERED FOR OUR CLIENTS
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$1.5 Million Auto Accident Rollover
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$1.1 Million Motorcycle Accident
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$1 Million Semi-Truck Accident
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$500,000 Semi-Truck Failure to Secure Load
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$400,000 Uninsured Motorist Red Light Accident
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$350,000 Semi-Truck Head-On Collision
The Keys to our success
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Exclusive Focus on Auto Accident Recovery Law
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Over $100,000,000 Total Recovered for Our Clients
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50 Years of Combined Experience in Car Crash Recovery
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Same-Day Returned Phone Calls and Emails from Our Clients
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Partners Who Handle Your Claim from Consultation to Recovery
Understanding the Importance of Statutes of Limitations
Each state—Missouri, Oklahoma, Kansas, and Arkansas – has a statute of limitations that sets a strict deadline for filing a wrongful death claim. These deadlines are crucial, as missing them can bar you from seeking compensation, even if you have a strong case.
The statutes of limitations for the states in which we offer representation are:
- Missouri: Generally, you have three years from the date of your loved one's passing to file.
- Oklahoma: The standard time limit is two years.
- Kansas: You have a three-year window to file a claim.
- Arkansas: Typically, the timeframe is two years.
Some exceptions can be made in certain situations; however, they are too complex to explain here fully. We can discuss the statute of limitations that apply to your case during your initial consultation.
Damages Available in a Wrongful Death Case
The legal term "damages" refers to the financial compensation sought in wrongful death cases. These damages are meant to alleviate the financial and emotional burden on surviving family members by addressing the economic impact of their bereavement.
Your wrongful death claim can involve numerous types of compensation, depending on the circumstances of your case.
Economic damages are quantifiable costs that can include:
- Medical expenses incurred as a result of the incident leading to death
- Loss of the deceased's expected earnings
- Loss of inheritance because of an untimely death
- Costs associated with funeral and burial services
- Value of goods and services that the deceased would have provided
Non-economic damages, while not as easily quantifiable, are just as significant and may consist of:
- Pain and suffering the deceased experienced before passing
- Loss of companionship, care, and protection provided by the deceased
- Mental anguish and emotional distress of surviving family members
- Loss of consortium for a deceased spouse
In certain rare cases, punitive damages may be applicable if a negligent party's actions that led to wrongful death were notably egregious or reckless. These damages serve as a punitive measure and a deterrent against similar conduct rather than as compensation to a family.
Hear from our clients
WE PUT YOUR EXPERIENCE AND YOUR RECOVERY FIRST
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“If you need an attorney that is going to look out for your needs give them a call first.”- Jen F.
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“Two times now we have needed them.”- Kasandra S.
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“There aren't enough words to say how much I appreciate my first meeting with Tim Hayes!!”- Jeanette B.
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“Professional, caring, answered every question, staff very understanding, and they made it easier going thru an accident.”- Campbell C.
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“My husband, family and I are very grateful for the compassion and the help in navigating all the parts.”- Renee T.
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“They made it so easy! Super friendly staff and beautiful office!”- Allie E.
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“They guided me through a confusing time and went above and beyond to help me.”- Bailey D.
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“Their service, communication and professionalism, that's what makes them great!”- Vlad L.
Your Path to Justice Begins Here
Recognizing the significance of your needs, our wrongful death lawyers can approach your case with commitment and a comprehensive strategy to advocate for your rights. Leveraging our extensive experience, we navigate legal terrain with determination, relentlessly fighting for the compensation you and your family deserve. We are prepared to support you at every stage of the claims process.
Here's how choosing our team can make a difference in your case:
- Experience you can trust: We have a deep understanding of insurance and personal injury law, giving us a strategic edge in negotiations and, if necessary, in the courtroom.
- Focused on your results: Our goal is to maximize your compensation. Whether through skillful settlement negotiations or tenacious courtroom advocacy, we are prepared to fight for your family.
- Strength in numbers: We have access to a vast network of expert consultants and investigators who can add depth and strength to your case.
- Client-centered approach: Your needs are our priority. We can remain by your side, guiding you through every step of the process.
Though your journey may be one of hardship and adversity, together, we can strive toward a future where the legacy of your loved one is appropriately honored. We do not promise an easy road, but we do commit to being with you at every step of its path.
Call Bishop & Hayes at (417) 304-3228 or contact us online to schedule a free initial case consultation today. We have offices in Joplin and Springfield, MO, as well as Miami, OK.
