Fatal car accidents in Florissant, Missouri devastate families in ways that extend far beyond the initial loss. You’re left dealing with funeral expenses, lost income, and the emotional weight of losing someone who meant everything to your family.
The legal system adds another layer of complexity when you’re already struggling to cope.
Our compassionate Florissant fatal car accident lawyers help families recover compensation after the loss of a loved one in a car crash.
At Beck & Beck Missouri Car Accident Lawyers, we focus exclusively on auto accident cases, giving us deep knowledge of the specific laws and challenges these cases present.
We know that no amount of money can replace your loved one. We can handle the legal burden while you focus on your family.
We’ll work with insurance companies, thoroughly investigate the crash, and fight for the compensation your family needs to move forward. You won’t pay any attorney fees unless we win your case. Contact our fatal car accident attorneys in Florissant today for a free consultation.
Do I Have a Wrongful Death Case in Florissant, Missouri?
A wrongful death claim exists when someone dies because of another person’s negligent or reckless actions. This legal action allows surviving family members to seek compensation for their losses and hold the responsible party accountable.
Your family may have a valid claim if these key elements exist:
- Negligent Conduct: The driver violated traffic laws, drove while impaired, or failed to operate their vehicle safely
- Direct Causation: The driver’s actions directly caused the fatal accident and your loved one’s death
- Measurable Damages: Your family has suffered financial losses, emotional trauma, and other harm as a result
Common causes of fatal car accidents in Missouri include drunk driving, distracted driving, speeding, and failure to yield. Even if the crash seemed like an “accident,” the other driver may still be legally responsible if they acted carelessly.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law sets a specific order for who can file a wrongful death lawsuit. This priority system ensures those most affected by the loss have the right to seek justice and compensation.
The law establishes these priority classes. The surviving spouse and children have the first right to file, along with the deceased’s parents. If the deceased had grandchildren whose parents are no longer living, they can also file in this first class.
If no immediate family members exist, the right passes to siblings or their descendants. When no family members are available from these groups, the court can appoint a “plaintiff ad litem” to pursue the claim on behalf of those entitled to compensation.
What Damages Can We Recover After a Fatal Crash?
While money cannot bring back your loved one, a wrongful death settlement can provide financial security for your family’s future. Our Florissant fatal car accident lawyers fight aggressively to recover compensation for all the ways this tragedy has impacted your life.
You can seek compensation for several types of losses. Medical bills from treatment before death are recoverable, along with funeral and burial expenses. Lost wages and future earnings your loved one would have provided are major components of most claims.
The law also recognizes non-economic losses. You can recover damages for the loss of companionship, guidance, and emotional support your loved one provided. If your loved one experienced pain and suffering before death, a separate survival action can seek compensation for that harm.
In cases involving extreme recklessness, like drunk driving, Missouri law allows punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.
How We Prove Fault in a Fatal Car Accident
Building a strong wrongful death case requires immediate action and thorough investigation. Our experienced team begins gathering evidence right away, allowing your family to focus on grieving while we handle the legal work.
We collect crucial evidence from multiple sources. Police reports provide official documentation of the crash, while witness statements offer firsthand accounts of what happened. Surveillance footage from nearby businesses or traffic cameras can show exactly how the accident occurred.
Our firm works with accident reconstruction experts who analyze vehicle damage, skid marks, and debris patterns. We also examine the at-fault driver’s cell phone records to determine if distraction played a role. If the other driver’s vehicle had an event data recorder, we would work to preserve that critical information.
When insurance companies refuse to offer fair settlements, we’re fully prepared to take your case to trial. Our litigation experience gives us the credibility needed to negotiate from a position of strength.
What if the Driver Was Uninsured, Underinsured, or Fled?
Many families worry they have no options when the at-fault driver lacks insurance or fled the scene. Fortunately, Missouri law provides several avenues for recovery in these situations.
Uninsured motorist coverage is mandatory in Missouri and applies to fatal accidents. This coverage allows you to file a claim through your own insurance or your loved one’s policy when the at-fault driver has no insurance. The same coverage applies to hit-and-run accidents where the driver is never identified.
If the at-fault driver had insurance but not enough to cover your losses, underinsured motorist coverage may apply. We examine all available policies to determine if coverage can be “stacked” to increase the total amount available.
Our firm also works closely with law enforcement to help identify hit-and-run drivers. We review traffic camera footage, canvass for witnesses, and examine physical evidence left at the scene. Even when criminal charges are filed, your civil claim for damages proceeds separately.
What if Our Loved One Was Partly at Fault?
Insurance companies often try to reduce payouts by blaming the victim for contributing to the accident. This blame-shifting tactic doesn’t have to destroy your family’s claim for compensation.
Missouri follows a pure comparative fault system that allows recovery even when your loved one shared some responsibility. Your compensation is simply reduced by your loved one’s percentage of fault, but you can still recover substantial damages.
For example, if your loved one was found 25% at fault, your family could still recover 75% of the total damages. Even if your loved one was primarily responsible, you can still seek compensation for the remaining percentage.
Our Florissant car accident attorneys are skilled at fighting unfair fault allocation. We gather evidence to minimize your loved one’s assigned fault and maximize your family’s recovery.
How Long Do We Have to File in Missouri?
Missouri law imposes a time limit for filing a wrongful death lawsuit. This deadline is absolute, and missing it means permanently losing your right to seek compensation.
Acting quickly is crucial for preserving evidence. Surveillance footage gets erased, witness memories fade, and physical evidence at the crash scene can be lost. The sooner we begin investigating, the stronger your case becomes.
Some situations have even shorter deadlines. If a government entity was involved in the crash, special notice requirements may apply. We handle all deadlines and legal requirements so your family doesn’t have to worry about missing critical dates.
What to Do After a Fatal Crash in Florissant
The steps you take immediately after a fatal accident can significantly impact your family’s legal rights. While you’re dealing with grief, it’s important to protect your ability to seek justice.
Call 911 and Secure the Crash Report
An official police report creates vital documentation of the accident. Request a copy from the Florissant Police Department once it becomes available. This report contains key details about the crash that we’ll use to build your case.
Preserve Evidence and Witness Information
If you’re at the scene, take photos of the vehicles, road conditions, and any visible damage. Get contact information from witnesses who saw the accident happen. Preserve any social media posts or communications related to the crash.
Avoid Insurance Company Tactics
Don’t provide recorded statements or accept quick settlement offers from insurance companies. These companies prioritize their profits over your family’s needs. Direct all insurance communications to our firm once you hire us.
Gather All Insurance Documents
Collect auto insurance policies for everyone in your household, along with any umbrella policies or additional coverage. We’ll review these documents to identify all potential sources of compensation for your family.
Contact Our Wrongful Death Team Immediately
The most important step is getting experienced legal help right away. We’ll handle every aspect of your case from this point forward, allowing you to focus on your family during this difficult time.
How Our Florissant Team Handles Everything for Your Family
Dealing with legal matters while grieving is overwhelming and unnecessary. Our firm takes complete responsibility for your wrongful death claim, managing every detail so your family can focus on healing.
We handle all communications with insurance companies, preventing them from taking advantage of your emotional state. Our team investigates the accident thoroughly, working with experts and gathering evidence to build the strongest possible case.
We also coordinate with medical providers to resolve outstanding bills and handle any liens against your settlement. You’ll receive regular updates on your case’s progress, but we handle all the day-to-day legal work.
Our firm advances all case costs, including expert fees, investigation expenses, and court costs. Your family pays nothing out of pocket, and we only collect fees if we successfully recover compensation for you.
What Affects Missouri Wrongful Death Case Value?
Every wrongful death case is unique, and the final compensation depends on multiple factors specific to your situation. While we can’t guarantee specific amounts, we can explain how different factors affect the case value.
The strength of evidence against the at-fault driver plays a major role. Clear proof of negligence, such as drunk driving or texting while driving, typically leads to higher settlements. Available insurance coverage often sets the practical limit on recovery.
Your loved one’s age, income, and future earning potential significantly impact the economic damages. Younger victims with higher incomes generally result in larger settlements due to greater lifetime earning losses.
The number of dependents affects the case value as well. Families with children who relied on the deceased for financial and emotional support typically receive higher compensation. The egregiousness of the at-fault driver’s conduct can also lead to punitive damages.
Skilled Auto Accident Law Firm in Florissant, Missouri
Your family shouldn’t face financial pressure while seeking justice for your loved one. We handle all wrongful death cases on a contingency fee basis, meaning you pay nothing unless we win your case.
We advance all costs required to investigate and pursue your claim. This includes expert witness fees, accident reconstruction costs, and all court expenses. You’ll never receive a bill for these expenses, regardless of the outcome of your case.
Contact us today for a completely free, no-obligation consultation. Our compassionate team is available around the clock to listen to your story and explain how we can help your family seek the justice and compensation you deserve.
FAQs: Fatal Car Accident and Wrongful Death in Missouri
Who has the legal right to file a wrongful death claim in Missouri?
The surviving spouse, children, and parents have the first priority to file a wrongful death claim. If none of these relatives exist, siblings or their descendants can file, and in rare cases, a court-appointed representative may pursue the claim.
What types of compensation can families recover in wrongful death cases?
Families can recover death benefits after a car crash including funeral expenses, lost future income, medical bills from before death, and damages for lost companionship and guidance. Punitive damages may also be available in cases involving extreme negligence, like drunk driving.
How long do families have to file a wrongful death lawsuit in Missouri?
Missouri law sets deadlines for filing wrongful death lawsuits, so consult an attorney promptly to protect your rights. Missing this deadline means you permanently lose your right to seek compensation through the courts.
Can families still recover compensation if their loved one was partially at fault?
Yes, Missouri’s comparative fault law allows families to recover compensation even if their loved one shared some responsibility. Your compensation is reduced by your loved one’s percentage of fault, but you can still pursue substantial damages.
What happens if the at-fault driver fled the scene or had no insurance?
You can often recover compensation through uninsured motorist coverage on your own auto insurance policy or your deceased loved one’s policy. We also work with the police to help identify drivers who fled the scene.
Do criminal charges against the driver affect our wrongful death claim?
Criminal charges are handled separately from your civil wrongful death claim. However, a criminal conviction can serve as powerful evidence of negligence and may support a claim for punitive damages in your civil case.
How do attorney fees work for wrongful death cases?
We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your family. We also advance all case costs, so there’s no financial risk to pursuing your claim.
