Losing a loved one is one of the hardest experiences a family can endure. That pain is often magnified when the death was preventable.
If one of your loved ones has lost their life in a motor vehicle accident caused by another party’s negligence, you may have the right to pursue a wrongful death claim. Working with an experienced Missouri wrongful death lawyer can provide you with much-needed guidance during this trying time.
At Beck & Beck Missouri Car Accident Lawyers, we understand that no amount of money can replace what’s been taken from you. However, securing fair compensation can ease the financial burden of funeral expenses, medical bills, and lost income. We’re here to assist you in seeking the justice your family deserves.
Unlike criminal cases, where the state tries offenders and imposes punishment, a wrongful death lawsuit is a civil action filed by surviving family members, who seek compensation for their losses. Holding the at-fault party financially responsible can provide accountability and can help the family start to rebuild after a tragedy.
Our compassionate Missouri wrongful death lawyers help families recover after a fatal accident or injury. Call 314.207.9996 now to speak with our skilled legal team.
How Our Award-Winning Missouri Wrongful Death Lawyers Will Help
When fatal accidents occur, the insurance companies often move quickly to try to protect their interests. Without strong legal support, families can be left to answer to these companies alone. That’s where a knowledgeable Missouri wrongful death attorney can make a difference.
The skilled accident and injury attorneys at Beck & Beck Missouri Car Accident Lawyers have more than 35 years of experience helping families with wrongful death claims. We know how to put pressure on the insurance companies and overcome the tactics they use to minimize payouts.
Our goal is to provide you with personalized legal guidance and improve your chances of obtaining the maximum compensation available under Missouri state law.
We’ll handle every aspect of your case so you and your family can focus on healing. Our legal professionals will investigate the accident, gather strong evidence, work with experts, and advocate for you in settlement negotiations or at trial if necessary. We’re committed to protecting your rights and honoring your loved one’s memory.
Insurers aren’t on your side, especially when their profits are on the line. They may try to minimize your claim by attempting to blame the victim or offering a quick settlement that fails to take into account your family’s long-term needs. Our seasoned attorneys anticipate these strategies and know how to counter them to achieve positive results.
Types of Wrongful Death Claims We Handle
At Beck & Beck Missouri Car Accident Lawyers, we focus specifically on fatal car accidents involving motor vehicles. We represent individuals and families who have lost loved ones in all of the following types of events:
- Car accidents
- Semi-truck and 18-wheeler accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Rideshare accidents
- Hit-and-run accidents
- Drunk driver accidents
- Bus accidents
- Distracted driver accidents
- Scooter, moped, and e-bike accidents
Each case is different, but what will always remain constant is our quest for accountability and our commitment to our clients’ well-being.
Proving Liability in a Wrongful Death Lawsuit
Establishing liability is a central aspect of any wrongful death claim. To successfully recover compensation for a wrongful death in Missouri, you must be able to prove that the at-fault party’s negligence directly caused your loved one’s death.
This typically will involve demonstrating the following elements:
- Duty of Care: The at-fault party was legally obligated to act reasonably and avoid causing harm to others
- Breach of Duty: They failed to meet that legal obligation due to reckless or negligent behavior
- Causation: Their actions directly led to the accident and subsequent death
- Compensable Harm: You suffered various losses as a result of your loved one’s death
Key evidence for demonstrating liability may include accident or police reports, black box data from vehicles, dashcam or traffic camera footage, eyewitness statements, and expert testimony. Our team works diligently to gather and preserve this evidence in order to build the strongest case possible.
Fatal accidents often involve multiple negligent parties, such as other drivers, trucking companies, or even the manufacturers of defective vehicle parts. Our Missouri wrongful death lawyers can examine the facts and work with outside specialists to put together a compelling claim for compensation on your behalf.
Common Challenges When Proving Liability in Fatal Accident Cases
Proving liability in a wrongful death lawsuit is rarely simple. Fatal accidents often present unique challenges that require special legal knowledge and strategies. Common obstacles include:
- Limited or conflicting witness statements that make it difficult to pinpoint fault
- Missing or destroyed physical evidence, such as surveillance or dash cam footage or data from other vehicles
- Efforts by insurers to shift the blame to the deceased to avoid payouts
- Pre-existing conditions that insurers claim contributed to the death
When pre-existing conditions or other complicating factors are involved, insurers will often try to shirk their financial responsibility. Our team is prepared to counter their defenses and pursue the full compensation you’re owed.
Call 314.207.9996 today or fill out our online form for a free initial consultation with our knowledgeable Missouri wrongful death law firm.
Who Can Be Held Liable for a Fatal Accident in Missouri?
Any number of parties may be liable for a fatal motor vehicle accident in Missouri. Potentially liable individuals and entities include:
- Negligent drivers (including distracted, speeding, or intoxicated drivers)
- Trucking companies that fail to maintain safe vehicles and enforce safety protocols
- Rideshare companies, if a driver is negligent while on duty
- Vehicle or parts manufacturers, if a defective part contributed to the accident
- Municipalities responsible for maintaining safe road conditions
Determining liability often requires a detailed investigation. Our attorneys will identify all parties who may share responsibility and work to hold them accountable. Pursuing every possible source of compensation is crucial for helping your family move forward.
Who Can File a Wrongful Death Lawsuit in Missouri?
Revised Statutes of Missouri § 537.080 outlines who can pursue a wrongful death lawsuit in the state. The right to file follows a specific order:
- The spouse, children (including any adopted children), or parents of the deceased
- The siblings of the deceased or their descendants
- If there are no eligible family members, the court can appoint a “plaintiff ad litem” to file the lawsuit on behalf of the prospective beneficiaries
Missouri law dictates that a single lawsuit be filed per death, meaning all eligible claimants must file together. If family members disagree about whether to pursue a claim or how to distribute the compensation, the court can intervene to ensure that the claim proceeds smoothly and equitably.
The knowledgeable attorneys at Beck & Beck Missouri Car Accident Lawyers can help you understand your eligibility and guide you through the filing process.
Recoverable Damages in a Missouri Wrongful Death Lawsuit
Compensation in wrongful death claims is meant to offset the financial and emotional impacts of the loss. Recoverable damages may include:
- Medical expenses incurred before the death
- Funeral and burial costs
- Loss of income and future earnings
- Loss of job benefits, such as retirement savings or insurance
- Loss of companionship, care, and guidance
- Pain and suffering endured by surviving family members
Beyond income, wrongful death claims also account for the loss of the deceased’s presence and actions, including parenting, mentorship, home maintenance, and support.
These non-economic losses are just as significant as the deceased’s financial contributions and are recognized under Missouri law as part of the overall damages a family may recover.
It’s important to remember that every case is unique, and the types and amounts of damages will vary based on the facts at hand. As part of our service to your family, our lawyers will thoroughly assess your losses and demand sufficient compensation.
Are There Damage Caps on Wrongful Death in Missouri?
In most wrongful death cases, including those arising from vehicle accidents, there’s no cap on the amount of damages the surviving loved ones can recover. In other words, the claimants’ potential recovery is limited only by what an insurer or court considers fair and adequate.
That said, Missouri law does impose a limit on non-economic damages stemming from certain other types of wrongful death cases. Economic damages, such as medical expenses and lost income, aren’t subject to caps.
Cost to Hire an Attorney for a Fatal Accident Claim
At Beck & Beck Missouri Car Accident Lawyers, we handle wrongful death cases on a contingency basis, meaning you pay nothing up front. We only get paid if we recover compensation for you, and our fees come from a percentage of the final settlement or verdict.
For grieving families already dealing with preponderant expenses, contingency fee agreements like ours offer peace of mind. You can take legal action without worrying about how to pay your attorney while coping with your loss.
Understanding Contingency Fees in Wrongful Death Claims
We believe everyone deserves access to reliable legal representation, regardless of their financial circumstances. That’s why we handle all wrongful death claims on a contingency basis. Here’s what that means for you:
- No upfront legal fees are required to start your case
- We’ll collect attorney fees only if we win a settlement or verdict for you
- Typical contingency rates range from 33% to 40%, depending on the complexity of the case
- We advance all case costs, such as filing fees, court costs, and expert witness fees
This arrangement allows you to access quality legal representation without financial risk or stress. If we don’t win your case, you owe us nothing.
When Should I File My Wrongful Death Claim?
In Missouri, the statute of limitations for wrongful death claims is three years from the date of death. You must file the claim within that time frame — failing to do so may permanently bar you from recovering compensation.
While there are limited exceptions that could extend the deadline, they’re rare. As such, it’s important to act quickly to protect your rights. Consulting a Missouri wrongful death attorney soon after a fatal accident will enable them to preserve vital evidence and give your case the best chance of success.
Why Acting Quickly Matters After a Fatal Accident
Time is of the essence after a fatal accident. Taking swift legal action will protect your ability to gather and present evidence to support your claim. Conversely, waiting too long can result in negative outcomes like:
- Loss of physical evidence like skid marks, damaged vehicles, or debris
- Surveillance and dash cam footage being overwritten or deleted
- Witnesses’ memories fading or becoming inconsistent
- Insurance companies building a defense while you delay
Meeting with a Missouri wrongful death attorney early on will give your family the best chances of securing the justice and fair compensation you need to address your tragic loss.
Schedule a Free Consultation With Beck & Beck Missouri Car Accident Lawyers Today
When you lose someone you love because of another person’s negligence, you deserve a legal team that’s compassionate, capable, and committed to achieving justice for your family. Beck & Beck Missouri Car Accident Lawyers will stand by your side every step of the way.
Our attorneys bring over 35 years of experience to every case. We understand the immense grief and anxiety families often face after fatal accidents, and we’re here to remove the strain of taking legal action from your shoulders.
Even if you’re unsure whether your loved one’s accident qualifies as a wrongful death case, we encourage you to reach out. Our empathetic legal team will listen to you, review your situation, offer trustworthy opinions, and explain your options at no cost to you.
Closure may be closer than you think. If you’re ready to discuss your case, we offer a free, no-obligation case evaluation. Contact Beck & Beck Missouri Car Accident Lawyers today to schedule your initial consultation and take the first step toward a more secure future.
Some of the locations we’ve helped injury and accident victims include St. Louis, Florissant, Kansas City, Doniphan, Cape Girardeau, Independence, O’Fallon, Jefferson City, and more.