While no amount of compensation can replace a loved one, a wrongful death lawsuit can provide financial relief.
Losing a loved one in a car accident is a devastating and life-changing experience. In Missouri, families who lose someone due to another driver’s negligence have the legal right to file a wrongful death lawsuit. This lawsuit seeks compensation for the emotional, financial, and personal losses suffered by the deceased’s surviving family members. Understanding Missouri’s wrongful death laws, eligibility, and the legal process is essential for those seeking justice and financial security.
If you have lost a family member in a fatal car accident, contact The Hoffmann Law Firm, L.L.C., for a free consultation to discuss your case and explore your legal options.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal action filed when someone’s death is caused by another party’s negligence, recklessness, or intentional wrongdoing. In the context of a fatal car accident, wrongful death claims typically arise from:
- Drunk driving accidents
- Distracted driving crashes
- Reckless or speeding-related collisions
- Failure to yield or obey traffic laws
- Defective vehicle parts leading to fatal accidents
Missouri law allows certain family members to seek financial compensation for their loss (Missouri Revised Statutes, Section 537.080).
Who Can File a Wrongful Death Claim in Missouri?
Missouri law outlines specific family members who are eligible to file a wrongful death lawsuit. The order of eligibility is as follows:
Immediate Family Members
- Spouse of the deceased
- Children (biological or adopted)
- Grandchildren (if the deceased’s children are also deceased)
- Parents of the deceased
Siblings or Their Descendants
If no immediate family members are available, the deceased’s siblings or children may file a claim.
Court-Appointed Plaintiff Ad Litem
Suppose there are no surviving immediate family members or siblings. In that case, the court may appoint a plaintiff ad litem, typically a close friend or extended family member, to represent the deceased’s interests (Missouri Revised Statutes, Section 537.080).
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
A wrongful death claim seeks compensation for both economic and non-economic losses, including:
- Medical expenses incurred before the victim’s death
- Funeral and burial costs
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and consortium
- Pain and suffering of the surviving family members
- Lost wages and benefits the deceased would have earned
- Punitive damages (in cases of gross negligence or misconduct)
Statute of Limitations for Wrongful Death Lawsuits in Missouri
Missouri has a strict deadline for filing wrongful death claims. The statute of limitations is three years from the date of death (Missouri Revised Statutes, Section 537.100). Failure to file within this timeframe can result in losing the right to seek compensation.
Proving Negligence in a Wrongful Death Claim
To succeed in a wrongful death lawsuit, the plaintiff (family member filing the claim) must prove that the defendant (at-fault party) was negligent. The key elements include:
- Duty of Care – The defendant was legally obligated to drive safely and follow traffic laws.
- Breach of Duty – The defendant acted negligently (e.g., ran a red light, was intoxicated, or drove recklessly).
- Causation – The defendant’s negligence directly caused the fatal accident.
- Damages – The death resulted in financial and emotional losses to the surviving family.
Common Defendants in Wrongful Death Car Accident Cases
Depending on the accident circumstances, wrongful death claims may be filed against:
- Negligent drivers (distracted, impaired, or reckless drivers)
- Employers of negligent drivers (if the driver was on the job)
- Car manufacturers (if a vehicle defect contributed to the accident)
- Government agencies (if unsafe road conditions or faulty traffic signals played a role)
How a Missouri Wrongful Death Attorney Can Help
Wrongful death claims involve complex legal and insurance matters. A skilled attorney can:
- Investigate the accident and gather crucial evidence
- Handle negotiations with insurance companies
- File the lawsuit within the statute of limitations
- Prove negligence and fight for maximum compensation
Contact The Hoffmann Law Firm, L.L.C. Today
While no amount of compensation can replace a loved one, a wrongful death lawsuit can provide financial relief and hold negligent parties accountable. If you have lost a family member in a fatal car accident, contact The Hoffmann Law Firm, L.L.C., for a free consultation to discuss your case and explore your legal options.