Losing a loved one in a car accident is an unimaginable tragedy. Understanding what steps to take next can help families during this time.
Losing a loved one in a car accident is a heartbreaking and life-altering experience. Along with emotional grief, surviving family members may face financial burdens and legal challenges. Understanding what steps to take after a fatal car accident can help families navigate the process of seeking justice and compensation.
If you have lost a loved one due to another driver’s negligence, contact The Hoffmann Law Firm, L.L.C. for a free consultation to discuss your legal rights and options.
Immediate Steps to Take After a Fatal Car Accident
If your loved one has passed away in a car accident, it is essential to take the following steps:
Contact Law Enforcement
Call 911 immediately to report the accident. Law enforcement officers will arrive at the scene to investigate the crash and create an official accident report.
Obtain the Accident Report
The police report will provide crucial details about the crash, including witness statements, road conditions, and possible causes. This report is essential for legal action (National Highway Traffic Safety Administration).
Gather Evidence and Witness Information
Collect information from witnesses and, if possible, take photos of the accident scene. This evidence can help determine liability and file an insurance claim.
Notify Insurance Companies
Contact your loved one’s insurance provider to report the accident. Their insurance company should also be notified if another driver was at fault.
Consult a Wrongful Death Attorney
Seeking legal guidance can help you understand your rights and potential compensation options. A wrongful death attorney can investigate the accident, handle negotiations with insurers, and file a lawsuit if necessary.
Who Can File a Wrongful Death Claim?
In Missouri, the law allows specific family members to file a wrongful death lawsuit against the at-fault party. Eligible claimants include:
- Spouse
- Children (biological or adopted)
- Grandchildren (if the deceased’s children are also deceased)
- Parents
- Siblings or a court-appointed plaintiff ad litem (if no immediate family members are available) (Missouri Revised Statutes, Section 537.080).
Possible Causes of Fatal Car Accidents
Fatal car accidents can result from various factors, including:
- Drunk driving – Driving under the influence of alcohol or drugs significantly increases the risk of deadly crashes (Centers for Disease Control and Prevention).
- Distracted driving – Texting, talking on the phone, or other distractions lead to many deadly accidents.
- Speeding – Excessive speed reduces reaction time and increases impact severity (National Safety Council).
- Reckless or aggressive driving – Tailgating, weaving through traffic, and ignoring traffic signals can lead to deadly collisions.
- Defective vehicle parts – Faulty brakes, tire blowouts, and mechanical failures can cause accidents, leading to manufacturer liability claims.
What Compensation Can Be Recovered?
A wrongful death lawsuit can provide compensation for the following:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of income and financial support
- Pain and suffering of surviving family members
- Loss of companionship and emotional distress
- Punitive damages (if the at-fault party acted with gross negligence) (Missouri Revised Statutes, Section 537.090).
How to Prove Negligence in a Fatal Car Accident Case
The plaintiff must prove that the at-fault party was negligent in order to recover compensation. The legal elements of negligence include:
- Duty of Care – The defendant had a responsibility to drive safely.
- Breach of Duty – The defendant violated traffic laws or acted recklessly.
- Causation – The defendant’s actions directly caused the accident and death.
- Damages – The family suffered measurable losses as a result.
Statute of Limitations for Wrongful Death Claims in Missouri
Missouri law requires that wrongful death claims be filed within three years of death. Failure to file within this timeframe may result in loss of the right to compensation.
Why You Need a Wrongful Death Attorney
Filing a wrongful death claim can be complex, requiring legal knowledge and negotiation skills. A Missouri wrongful death attorney can help by:
- Conducting an independent accident investigation
- Handling insurance negotiations and claims
- Filing a lawsuit on behalf of the surviving family members
- Ensuring maximum compensation is secured
Contact The Hoffmann Law Firm, L.L.C Today
Losing a loved one in a car accident is an unimaginable tragedy. While no amount of compensation can replace their presence, a wrongful death claim can provide financial stability and hold negligent parties accountable. If you have lost a loved one due to another driver’s negligence, contact The Hoffmann Law Firm, L.L.C. for a free consultation to discuss your legal rights and options.