Losing a brother, daughter, or partner in a crash Independence, Missouri, hits harder than words can say. While you’re still catching your breath, the hospital bills, funeral costs, and insurance calls start landing on your doorstep.
A clear plan—and someone to fight for you—can keep those burdens where they belong: on the driver who caused them.
Our experienced Independence wrongful death lawyers can help guide you with expert legal assistance. We know how heavy this time is, and our goal is to take the legal pressure off your shoulders so you can focus on you and your family.
You shouldn’t face this alone; contact us for a free consultation when you’re ready to consider your choices and seek justice.
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Need assistance handling your wrongful death claim in Independence, Missouri? Beck & Beck Missouri Car Accident Lawyers has been helping victims of fatal motor vehicle accidents since 1990. Call (816) 382-6915 for a free consult.
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How Our Wrongful Death Lawyers in Independence, MO, will Assist With Your Claim
When someone you love is taken from you because of another person’s negligence, everything feels upside down. Grief takes over, but life keeps demanding answers—insurance deadlines, medical bills, legal questions.Â
Our Independence wrongful death attorneys provide more than just legal assistance; we step in, handle the difficult parts, and free you up to focus on what actually matters.
Investigating the Cause and Proving Liability
Our team digs deep into the details, collecting vital evidence such as police reports, medical examiner records, testimony from witnesses, and evidence from the scene of the accident.
We also work with professionals in accident reconstruction and look at traffic or security recordings to get a detailed picture of what happened. If someone was impaired or negligent, we look for toxicology reports and other evidence to support your case.
Handling Insurance Negotiations and Protecting Your Compensation
Under Missouri’s pure comparative fault system, you can still recover compensation even if your loved one was partially at fault; however, the amount you receive may be reduced based on that percentage of fault.
Insurers are trained at minimizing payouts. From the very beginning, we manage the calls and emails, reject low offers, and put an end to any blame-shifting. We also handle subrogation to ensure that outside insurers do not exceed the limits of the policy—safeguarding every dollar that is rightfully yours.
More Than Legal Help
We don’t only provide legal counsel; we connect families with qualified grief counselors, assist with victim compensation applications, and provide direction for the numerous practical issues that arise following a sad death.
No-Cost Consultation
Getting answers shouldn’t cost you anything. We provide free consultations so you can learn about options without pressure or financial risk.
If you decide to continue, we will be in your corner, fighting for justice and doing everything we can to alleviate the burden on your family.
What To Do Immediately Following a Fatal Car Accident
In case you are dealing with this situation, these are the steps you need to follow to build a case:
1. Make Sure the Crash Is Officially Reported
Contact law enforcement from the Independence police department right away so the accident is properly documented. The police report will be used as important evidence in any future legal or insurance proceedings.
2. Collect What Evidence You Can
Gather as much evidence as possible that can explain what happened, including:Â
- Photos or videos of the scene
- Contact information for witnesses
- Dashcam footage
- Any available traffic or surveillance camera recordings
3. Notify the Insurance Providers
Let both your own insurance company and the at-fault driver’s insurer know about the crash. Even if the other driver has passed away, their insurance policy and estate can still be held responsible.
4. Talk to an Experienced Independence Wrongful Death Attorney
Claims involving a deceased at-fault driver can become quite complex quickly. A knowledgeable attorney can take charge of the legal challenges, ensuring you don’t have to manage it all by yourself.
The Legal Definition of a Wrongful Death
If someone passes away because of another person’s actions—and they could have filed a personal injury claim had they survived—Missouri law sees that as a wrongful death. That’s outlined in RSMo Section 537.100, which lets surviving family members take legal action in these cases.
In the context of car accidents, this includes fatal crashes caused by:
- Negligent driving (e.g., speeding, texting behind the wheel)
- Reckless or aggressive behavior
- Driving under the influence
- Vehicle malfunctions or maintenance failures
In any of these cases in which a specific action led to death, Missouri law allows the family or close relatives to take legal action against the responsible party.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law outlines a clear order of priority for who has the legal right to bring a wrongful death claim:
1. First in line:
- The deceased person’s spouse, children (biological or adopted), or parents (biological or adoptive)
2. If none of the above are living:
- The deceased’s siblings or their children (nieces or nephews)
3. If no eligible family members remain:
- The court may appoint a plaintiff ad litem, a person who files the claim on behalf of those legally entitled to recover damages.
It’s also important to know that Missouri only allows one wrongful death lawsuit per victim against a particular defendant. That means family members must file together as part of a single case—not individually.
The relationship to the deceased can also influence how compensation is divided, which makes having legal guidance from our experienced Independence wrongful death lawyers especially important in these cases.
Causes of Wrongful Death
While every crash is different, certain patterns show up again and again on Missouri roads, including here in Independence.
Distracted Driving
Looking at a phone, adjusting the GPS, or even just zoning out—distractions behind the wheel are a leading cause of fatal crashes. It only takes a few seconds of lost focus to change someone’s life forever.
Impaired Driving
Alcohol and drug use continue to play a major role in fatal accidents across Missouri. Drivers under the influence often make poor decisions and react too slowly to avoid a collision, putting everyone on the road at risk.
Speeding
Driving too fast, whether over the speed limit or just too fast for the road or weather, may turn a small error into a deadly one. When you go faster, you have less time to react and more force when you hit something.
Aggressive or Reckless Behavior
Tailgating, running red lights, or weaving through traffic aren’t just dangerous—they’re often deadly. These forms of aggressive driving make it harder for others to stay safe and avoid collisions.
Dangerous Road or Weather Conditions
Missouri drivers deal with rain, snow, ice, and fog—but when they don’t adjust their speed or driving behavior, the results can be deadly. Poor conditions call for more caution, not less.
Mechanical Failures
Bad brakes, worn-out tires, or broken parts can also cause deadly wrecks. In these situations, the people who are responsible may include manufacturers, mechanics, or car owners who didn’t do regular maintenance.
Who Is at Fault in a Fatal Car Accident?
In many wrongful death cases, the driver who caused the crash is the obvious starting point. But they’re not always the only one who can be held accountable—especially if they were working at the time of the accident.
If the at-fault driver worked for a commercial truck, delivery van, or ride-sharing service, that company may also be held responsible. Additionally, liability can extend beyond the driver and the employer. Other possibly responsible parties could include:
- The maintenance provider neglected to inspect and fix the vehicle.
- The cargo crew inadequately secured freight in a commercial truck.
- Manufacturer that created or marketed a defective part that caused the collision.
Because wrongful death claims often involve multiple parties and legal layers, it helps to have an experienced Independence personal injury attorney on your side from the beginning—someone who can guide you through it with experience and care.
Missouri’s Statute of Limitations For Wrongful Death Lawsuits
According to Revised Statutes of Missouri Section 516.120, families are allotted three years from the date of death to initiate a wrongful death lawsuit, rather than from the date of the crash.
Missing these time limits can prevent you from recovering compensation, so it’s important to understand your rights early on.
Compassionate Wrongful Death Law Firm in Independence, Missouri
No family should have to go through the sorrow of losing a loved one in a crash that didn’t have to happen. At Beck & Beck Missouri Car Accident Lawyers, we understand that no legal outcome can make things right—but holding the responsible party accountable can bring some relief and help ease the financial burden that often follows.
We manage the investigation, deal with the insurance companies, and strive to secure the compensation your family deserves. No upfront payment is required, and you only incur a fee if we succeed in winning your case. Reach out today to learn how we can help.
In addition to Independence, Missouri, our compassionate attorneys serve cities including  O’Fallon, Jefferson City, St. Louis, Florissant, Springfield, Joplin, Columbia, Kansas City, Kirksville, and more.
