Losing a family member in a car accident in Springfield, Missouri is devastating. You’re dealing with grief while facing complex legal issues and aggressive insurance companies who want to minimize what they pay your family.
Our experienced Springfield fatal car accident lawyers understand this pain. We are Missouri’s only law firm that handles exclusively auto accident cases, giving us deep expertise in these tragic situations.
Brothers Paul and John Beck represent families affected by fatal car accidents. We have secured substantial recoveries for our clients across Missouri. When you hire our fatal car accident attorneys in Springfield, you get personal attention from experienced attorneys who treat your family with compassion and respect.
Who Can File a Wrongful Death Claim in Missouri?
A wrongful death claim is a lawsuit filed when another person’s negligence caused someone’s death. This means the death could have been prevented if the other person had acted responsibly.
Missouri law gives the right to file this claim to specific family members in order:
- Surviving spouse: Your husband or wife has the right to file first.
- Children: This includes natural children, adopted children, and stepchildren.
- Parents: If there is no spouse or children, parents can file.
- Siblings: Brothers and sisters can file if no closer relatives exist.
If no family members are available, the court appoints someone called a “plaintiff ad litem” to file on behalf of the estate. Only one wrongful death lawsuit can be filed, so family members must work together.
What Damages Can Families Recover After a Fatal Crash?
No amount of money brings back your loved one. However, a wrongful death claim provides financial security for your family’s future and holds the responsible party accountable.
Missouri law allows families to recover several types of damages:
- Funeral and burial costs: All reasonable expenses for services and final arrangements.
- Lost income: The money your loved one would have earned for the rest of their life.
- Lost benefits: Health insurance, retirement contributions, and other job benefits.
- Loss of companionship: The love, guidance, and emotional support you’ve lost.
- Medical expenses: Treatment costs if your loved one survived initially before passing.
If the at-fault driver was incredibly reckless, like a drunk driver, you may also recover punitive damages. These are extra payments meant to punish the wrongdoer and prevent similar behavior.
How Do We Prove Fault in a Springfield Fatal Car Accident?
Proving who caused a fatal crash requires an immediate investigation that goes far beyond the police report. Insurance companies start building their defense right away, so our Springfield car accident attorneys act fast to protect your family’s interests.
We have deep relationships with local experts in Springfield who help us establish exactly what happened. Our team knows the local roads, police departments, and court system.
Evidence We Secure: EDR, Cell Records, Video, Reconstruction
Building a strong case means gathering evidence before it disappears. We use advanced techniques and technology to reconstruct the events of your loved one’s crash.
Critical evidence we collect includes:
Vehicle “black box” data:
Shows speed, braking, and steering before impact.
Cell phone records:
Prove if the driver was texting or calling during the crash.
Surveillance footage:
Video from nearby businesses, traffic cameras, or dashcams.
Witness statements:
Testimony from people who saw the accident happen.
Accident reconstruction:
Scientific analysis that recreates the collision.
Toxicology reports:
Blood tests showing alcohol or drug impairment.
We coordinate with the Springfield Police Department and the Missouri State Highway Patrol to ensure we get all available evidence. Time is critical because this evidence can be lost or destroyed quickly.
What If the Driver Was Uninsured or Fled the Scene?
Discovering that the at-fault driver was uninsured or fled the scene adds another layer of tragedy to your loss. However, your family still has legal options for recovery.
Missouri requires all drivers to carry Uninsured Motorist coverage on their auto policies. This coverage applies when the at-fault driver cannot be found or lacks adequate insurance.
If the driver fled, we immediately launch an investigation to identify hit-and-run drivers. We work with local police and use our own investigators to track down hit-and-run drivers. Even if they’re never found, your family can still file an Uninsured Motorist claim.
You may be able to “stack” coverage from multiple vehicles or policies in your household. This can significantly increase the total compensation available to your family.
Does Shared Fault Reduce a Missouri Wrongful Death Case?
Insurance companies often claim the deceased person was partially responsible for the accident. They do this to reduce how much they have to pay your family.
Missouri follows pure comparative fault rules. This means your family can recover damages even if your loved one was partly at fault for the crash.
Here’s how it works: if the court finds your loved one was 20% responsible, your family receives 80% of the total damages. If they were 30% at fault, you get 70% of the award.
We fight these blame-shifting tactics with strong evidence and expert testimony. Our goal is to minimize any fault assigned to your loved one and maximize your family’s recovery.
What Is the Deadline to File a Wrongful Death Claim in Missouri?
In Missouri, families have three years from the date of death to file a wrongful death lawsuit. This deadline is based on when your loved one died, not when the accident happened.
Three years might seem like plenty of time, but you should act quickly. Evidence disappears, witness testimony becomes less reliable as memories fade, and surveillance video gets erased. The sooner we start working on your case, the stronger it becomes.
Waiting too long can seriously hurt your family’s chances of recovery. We’ve seen families lose their right to compensation because they missed this deadline.
What Should You Do After a Fatal Car Accident in Springfield?
The hours and days after losing a loved one in a car crash are overwhelming. Taking the proper steps can protect your family’s legal rights and financial future.
Step 1: Preserve Evidence and Records
Keep all documents related to the accident and your loved one’s death. This includes the police report, medical records, and funeral expense receipts.
Do not repair or dispose of the vehicle involved in the crash. The car is crucial evidence that our experts need to examine.
Step 2: Avoid Insurance Statements
Never give a recorded statement to any insurance company without first talking to a lawyer. Insurance adjusters are trained to ask questions that can hurt your claim.
Politely tell them you need time to grieve and will have your attorney contact them. Everything you say can be used against your family later.
Step 3: Open Probate and Appoint a Representative
Missouri requires opening a probate case to pursue a wrongful death claim. The court must appoint someone to represent your loved one’s estate in the lawsuit.
We guide families through this legal process and can recommend experienced probate attorneys when needed.
Step 4: Call Beck & Beck 24/7 for a Free Case Review
Contact us immediately for a free, no-obligation consultation. We can start protecting your family’s interests while you decide your next steps.
The sooner we begin investigating, the better we can preserve evidence and build your case.
How We Handle Everything So You Can Focus on Family
Your family needs time to grieve, not fight with insurance companies. When you hire Beck & Beck Missouri Car Accident Lawyers, we take the entire legal burden off your shoulders.
We handle every aspect of your case:
- Investigate the accident: Determine all parties responsible for your loved one’s death.
- Gather critical evidence: Police reports, black box data, witness statements, and video footage.
- Deal with insurance companies: All communications and negotiations on your behalf.
- File legal paperwork: Complex court documents and meet strict deadlines.
- Calculate claim value: Work with experts to determine full compensation owed.
- Negotiate settlements: Fight for maximum recovery from all responsible parties.
- Go to trial: Take your case to court if insurers refuse fair payment.
We keep you informed throughout the process without overwhelming you with details. Our job is to secure justice while you focus on healing.
Springfield Crash Hotspots and Local Resources
Our Missouri roots give us extensive knowledge of Springfield’s roads and traffic patterns. We know the most dangerous intersections where fatal crashes are most common.
High-risk areas include Kansas Expressway and Sunshine Street, Glenstone Avenue and Battlefield Road, and National Avenue and Chestnut Expressway, where T-bone accidents frequently occur at intersections. Our familiarity with these locations helps us understand how accidents happen and who might be responsible.
We work regularly with the Springfield Police Department and the Greene County Sheriff’s Office. These relationships help us get police reports and evidence quickly. We also have established connections with local accident reconstruction experts and investigators.
Our team knows the local hospitals, such as CoxHealth and Mercy Springfield. This experience helps us gather medical records and understand the treatment your loved one received.
Springfield Wrongful Death FAQs
Families dealing with sudden loss have many questions about their legal rights. Here are answers to concerns we hear most often.
Do We Need to Open Probate Before Filing a Wrongful Death Claim?
Yes, Missouri law requires that you open a probate estate before you can file a wrongful death lawsuit. The probate court must appoint someone to represent your loved one’s interests in the case.
How Are Wrongful Death Settlement Funds Split Among Family Members?
Missouri has specific laws about how settlement money gets divided among surviving family members. We ensure your family receives the proper distribution in accordance with these legal requirements.
Can We File Both a Survival Action and Wrongful Death Claim?
Yes, you can file both types of claims in appropriate cases. A survival action recovers damages for pain and suffering your loved one experienced before death, while wrongful death compensates surviving family members.
Are Wrongful Death Settlements Subject to Income Tax?
Most wrongful death settlements are not taxable income under federal law. However, punitive damages may be taxable, so we work with tax professionals to properly structure settlements.
Can We Sue a Bar That Overserved the Drunk Driver?
Missouri’s dram shop laws allow claims against bars and restaurants that serve alcohol to visibly intoxicated people who then cause fatal crashes. We investigate all potential defendants to maximize your recovery.
Can We Stack Multiple Uninsured Motorist Policies After a Fatal Crash?
Yes, Missouri allows stacking Uninsured Motorist coverage from multiple vehicles or policies in your household. This strategy can significantly increase the compensation available to your family.
How Does a Criminal Case Against the Driver Affect Our Civil Claim?
Criminal charges against the at-fault driver are separate from your civil wrongful death claim. However, a guilty plea or conviction provides strong evidence of fault in your lawsuit.
Get a Free Case Evaluation
Deciding to contact a lawyer after losing a loved one is difficult. You shouldn’t have to navigate this tragedy alone.
As Missouri’s only law firm focused exclusively on auto accidents, we have the specialized experience your family needs. We understand the unique challenges of fatal crash cases and know how to overcome them.
Your free consultation gives you honest answers about your case from experienced attorneys. We explain your rights and provide a clear path forward with no pressure or obligation.
We’re available 24/7 because we know grief doesn’t follow business hours. You’ll never pay attorney fees unless we recover compensation for your family.
