Missouri Local Accident Resources

Fatal accidents shatter lives in mere moments. Wrongful death claims often emerge from these catastrophic events. While car crashes are the most common type of fatal incident that results in a wrongful death claim, there are others as well, such as:

• Medical Malpractice: Death occurs due to a healthcare provider's negligence, such as misdiagnosis, surgical errors, improper treatment, or medication errors.
• Workplace Accidents: Fatalities occur due to unsafe working conditions, lack of safety equipment, or negligence.
• Product Liability: Defective or dangerous products, such as faulty machinery, unsafe toys, or harmful pharmaceuticals, cause death.
• Premises Liability: Fatalities from slip and fall accidents, inadequate security, or unsafe property conditions.
• Nursing Home Abuse and Neglect: Inadequate care, abuse, or neglect in elder care facilities resulting in death.

In one recent year, Missouri's fourth leading cause of death was unintentional injury. This category includes motor vehicle accidents, with a total of 1,031 fatalities that year. These roadway disasters serve as a solemn reminder of the fragility of life. Filing a wrongful death lawsuit can help you pursue justice in the face of loss. While no amount of money can ever reverse this terrible event, it can go a long way toward reducing the ongoing financial burden your family may be facing. You should strongly consider filing a wrongful death claim if you believe your loved one’s death was someone else’s fault, even partially.

In the wake of a tragic car accident, the path to healing often intersects with the pursuit of justice. Missouri law grants surviving family members the right to take legal action (Mo. Rev. Stat. § 537.080 (2021). Here's who can legally file a wrongful death lawsuit:

• Spouse of the deceased
• Children (including adopted)
• Parents of the deceased (natural and adoptive)

The aftermath of a fatal car accident is a taxing journey. Missouri law ensures a victim's family is not left with nothing after being harmed by the negligence of someone else. If your loved one recently passed away in a car wreck, you may have options, and you should pursue them when possible. It may be the best way to avoid serious financial strain as you attempt to navigate the aftermath of your loss.

The state's circuit courts handle wrongful death claims. There are 46 of these courts divided into civil and criminal divisions. A wrongful death falls under civil law. The surviving family must file a claim in civil court.

The location of the fatal car crash determines the jurisdiction of your claim. Suppose a husband died in a motor vehicle accident in Kansas City. His wife would file a claim at the Kansas City Courthouse. You can download a list of courthouse addresses. This document can guide you to the right place for filing your claim. If you get an attorney to represent you, they will take care of all court filings and appearances for you.

There's a timeframe for taking legal action. Under Missouri law (Mo. Rev. Stat. § 537.100 (2021), families have a specific period for filing a wrongful death lawsuit. The law specifies a three-year window beginning from the date of the incident.

This window of time is the statute of limitations. You will likely not be able to collect compensation at all if you file after three years have passed.

The loss of a loved one in a car accident is an experience that words cannot describe. A wrongful death is an opportunity to seek justice. The legal process is complex, but the first steps you take can steer you on the right path.  

• Get the Police Report: This document contains crucial accident information. It includes details of the involved parties, witness statements, and the officer's observations. This report is evidence for building your wrongful death claim.
• Seek Legal Counsel: Consult with a wrongful death lawyer A lawyer specializing in car accidents can offer specialized guidance. The attorney knows Missouri laws and can explain your rights and options.
• Gather Evidence Early: Begin collecting any evidence related to the accident. This might include crash site photos, witness contact information, and medical records.

These initial steps lay the groundwork for your wrongful death claim. While no one wants to think about having to get involved in a legal matter while grieving the loss of a loved one, it could benefit you and your family and make it a little easier to move forward. Having the enormous weight of financial troubles on top of your grief is more than you should have to bear.

You must prove negligence in a wrongful death case. Missouri law outlines the four elements of this legal concept (Mo. Rev. Stat. § 537.080 (2021). Here's what you must establish:

• Duty of Care: Every driver must operate their vehicle according to traffic laws. For instance, a driver must stop at a red light.
• Breach of Duty: If a driver runs a red light, they have breached their duty of care. This action violates traffic laws and demonstrates irresponsible driving behavior.
• Causation: The breach of duty must cause an accident. For instance, the driver runs the red light and crashes into another vehicle.
• Damages: The accident must result in quantifiable damages. In a wrongful death case, these damages range from medical expenses to funeral costs.

The deceased person's loved one must provide evidence to prove negligence. A qualified attorney can help you gather and present the necessary evidence.

Missouri law provides a means for financial recovery through wrongful death claims. You may be able to collect several types of damages, as outlined below.

Economic Damages

These are quantifiable financial losses resulting from the death. Examples include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of the deceased's expected earnings
• Loss of benefits like pensions or medical coverage

Non-Economic Damages

These address the more intangible impacts of the loss. Examples include:

• Pain and suffering
• Loss of companionship, comfort, guidance, and support
• Emotional distress

Punitive damages are sometimes available as well, but much less common. A court awards this compensation in cases of egregious wrongdoing. The purpose is to punish the wrongdoer and deter similar actions in the future. Punitive damages is something you may see in, for example, certain drunk driving cases.

The calculation of damages in a wrongful death case involves various factors, such as:

• the deceased's life expectancy
• the deceased's earning capacity
• the deceased's age
• the deceased's health
• the surviving family member's circumstances

Each case is unique, and the awarded amount reflects the specific impacts of the loss on the family. No amount of money can replace a loved one. These damages can provide a step toward financial stability and emotional closure.

Losing a loved one in a car accident is a profound tragedy. The aftermath can feel like a ball of confusion. A wrongful death attorney serves as a source of support and a valuable advocate. These legal professionals function as compassionate allies during one of life's darkest moments. They can help you with the following:

Build Your Case

• Gather Evidence: An attorney collects all evidence, from accident reports to witness statements.
• Establish Negligence: They work to prove negligence. This process involves demonstrating how someone's actions led to your loved one's death.
• Calculate Damages: Your attorney will calculate the damages. They will consider everything from medical expenses to loss of companionship.

Negotiate and Represent

• Deal with Insurance Companies: Wrongful death attorneys can negotiate with insurance companies. They can help you avoid accepting an unfair settlement.
• Represent You in Court: If the case goes to trial, your attorney will present a compelling case.

Understand Complex Legalities

• Navigate Missouri Laws: Attorneys can ensure adherence to all procedural requirements.
• Provide Legal Advice: Lawyers offer invaluable legal advice. They can help you understand your rights and the potential outcomes of your case.

A wrongful death attorney is more than a legal representative. They are a pivotal part of your support system throughout the legal proceedings.

One of the most pressing concerns is the duration of a wrongful death claim. Several factors influence the timeline. Consider the following to help set realistic expectations:

• Complexity of the Case: Cases with clear liability resolve quicker than multi-party claims.
• Amount of Evidence: The type of evidence can either speed up or prolong the process.
• Negotiation with Insurance Companies: Settlement discussions can add time to the process.
• Trials: Court trials can extend the timeline for cases.

It's difficult to pinpoint the exact duration of wrongful death claims. These lawsuits can take several months to a few years to resolve. In the mean time, there may be other resources you can tap into to get help while you are waiting for your claim to resolve.