Missouri law recognizes this injustice. If negligence or wrongful conduct caused your loved one’s death, our experienced Springfield wrongful death lawyers can help you hold the responsible party accountable.
A wrongful death claim can’t bring your family member back, but it can provide financial stability during an incredibly difficult time.
At Beck & Beck Missouri Car Accident Lawyers, our wrongful death attorneys in Springfield have spent over 35 years helping Missouri families navigate wrongful death claims after fatal motor vehicle accidents.
Our family-run firm has recovered more than $105 million for our clients. We handle all types of fatal accidents in Springfield and across Missouri, so you don’t have to fight insurance companies while you’re grieving.
We understand the weight of what you’re facing. Our role is to handle the legal burden while you focus on your family and the healing process ahead. Contact us today for a free initial consultation.
What Is Wrongful Death in Missouri?
Wrongful death occurs when someone dies because of another person’s negligence or wrongful act. This means the death could have been prevented if the other person had acted responsibly.
Missouri’s wrongful death law allows surviving family members to file a lawsuit seeking compensation. The law recognizes that families suffer both financial and emotional losses when they lose a loved one unexpectedly.
These cases are separate from any criminal charges the at-fault person might face. A wrongful death lawsuit seeks money damages, while criminal cases focus on punishment.
Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri wrongful death rules set out who may bring a wrongful death action in Missouri. Only one wrongful death lawsuit can be filed, and the law creates a priority system:
- First Priority: Surviving spouse, children, or grandchildren
- Second Priority: Parents (if no spouse, children, or grandchildren exist)
- Court Appointment: A personal representative if no eligible family members are available
What Damages Can Families Recover?
Missouri allows families to recover different types of compensation after a wrongful death. These damages help address both the financial impact and the personal losses your family has suffered.
Economic Damages
Economic damages include funeral and burial costs, which can easily reach thousands of dollars.
You can also recover medical bills your loved one incurred before death. This includes emergency room treatment, hospital stays, and any other medical care related to the fatal accident.
Lost income represents another major category of economic damages. We calculate what your loved one would have earned over their remaining work life, including lost wages, salary increases and benefits.
The value of household services your loved one provided also counts as economic damages. This includes childcare, home maintenance, and other unpaid work that benefited your family.
Non-Economic Damages
Non-economic damages address losses that don’t have a specific dollar amount. These damages recognize the emotional and personal impact of losing your loved one.
Loss of companionship covers the relationship you had with the deceased. This includes their love, guidance, and emotional support that enriched your life.
You can also recover for the loss of comfort and protection your loved one provided. Parents can seek damages for losing their child’s future care and support in their older years.
Survival Damages
Survival damages are different from wrongful death damages. These represent what your loved one could have claimed if they had survived the accident.
This includes any pain and suffering your loved one experienced between the time of injury and death. If they were conscious and in pain, this becomes part of your claim.
Lost earnings from the time of injury until death also fall under survival damages. This covers income your loved one would have earned if they had lived.
Punitive Damages in Drunk Driving Cases
Punitive damages punish the at-fault party for especially reckless behavior. Drunk driving cases often qualify for this type of additional compensation. Courts view these actions as particularly dangerous and deserving of drunk driving punishment beyond regular compensation.
How Long Do You Have To File in Missouri?
Missouri gives families a three-year filing deadline from the date of death to file a wrongful death lawsuit, so it’s important to contact an attorney promptly to protect your rights.
Evidence becomes harder to find as time passes. Witnesses forget details, video footage gets deleted, and physical evidence disappears.
Why Hire Our Springfield Wrongful Death Lawyers?
Fatal car accidents create complex legal cases that require immediate investigation. Insurance companies have teams of lawyers working to minimize what they pay your family.
Proving fault in a fatal accident often requires accident reconstruction experts and detailed analysis of the crash scene. At Beck & Beck Missouri Car Accident Lawyers, we work with specialists who can recreate exactly what happened and why.
Multiple insurance policies may apply to your case. We identify every possible source of compensation, including the at-fault driver’s coverage, employer policies, and your own uninsured motorist protection.
| Without an Attorney | With Beck & Beck Missouri Car Accident Lawyers |
| Deal with insurers alone | We handle all communications |
| Risk accepting low offers | We fight for maximum compensation |
| Navigate complex laws yourself | 35+ years of Missouri auto accident experience |
| Pay investigation costs upfront | We advance all case expenses |
Causes of Fatal Motor Vehicle Accidents
We handle wrongful death cases involving all types of fatal motor vehicle accidents in Springfield and throughout Missouri. Our experience with these cases helps us quickly identify the key issues in your situation.
Common causes of fatal accidents include:
- Drunk Driving: Operating a vehicle while impaired by alcohol or drugs
- Distracted Driving: Texting, talking on phones, or not paying attention to the road
- Speeding: Driving too fast for conditions or exceeding speed limits
- Drowsy Driving: Falling asleep at the wheel or driving while extremely tired
- Failure to Yield: Ignoring traffic signals or right-of-way rules
- Following Too Closely: Tailgating that leads to deadly rear-end collisions
Who Is Liable After a Fatal Crash?
Multiple parties may share responsibility for a fatal accident. Identifying all liable parties increases the compensation available to your family and ensures everyone responsible is held accountable.
The investigation process determines which parties contributed to the crash. This analysis often reveals liability beyond just the at-fault driver.
At-Fault Driver
The negligent driver bears primary responsibility for causing the fatal accident. Their auto insurance policy provides the first source of compensation for your family.
Even if the driver has minimal insurance, we explore other coverage sources, such as umbrella policies that provide additional protection beyond basic liability limits.
Employer or Trucking Company
Employers can be liable when their employees cause fatal accidents while working. This includes delivery drivers, truck drivers, and anyone driving for business purposes.
Commercial trucking companies often carry large insurance policies. These cases involve federal regulations and complex corporate liability issues that require experienced legal representation.
Vehicle Owner
The owner of a vehicle may be liable even if they weren’t driving. Missouri law holds vehicle owners responsible when they let someone else use their car negligently.
This applies when owners know or should know that the driver is unsafe. Examples include lending a car to someone with a suspended license or a history of drunk driving.
Alcohol Provider in Limited Circumstances
Missouri’s dram shop law holds bars and restaurants liable in specific situations. They can be responsible when they serve alcohol to visibly intoxicated customers who then cause fatal accidents.
These cases require proving the establishment knew the person was intoxicated but continued serving them. The law protects businesses that serve alcohol responsibly while holding negligent ones accountable.
Government Entity for Road Hazards
Government agencies can be liable when dangerous road conditions contribute to fatal accidents. This includes missing traffic signs, dangerous potholes, or poorly designed intersections.
These claims have strict notice requirements and short deadlines. Government entities often have special legal protections that make these cases challenging without experienced representation.
What If Your Loved One Was Partly at Fault?
Insurance companies frequently try to blame accident victims to reduce their payouts. They may claim your loved one was speeding, not wearing a seatbelt, or otherwise contributed to the crash.
Missouri follows a pure comparative fault system. This means your family can recover compensation even if your loved one was partially responsible for the accident.
Your compensation gets reduced by your loved one’s percentage of fault. For example, if your loved one was 20% at fault and your damages total $500,000, your family would recover $400,000.
This system is more favorable than many states where any fault by the victim prevents recovery. We fight to minimize any fault assigned to your loved one and maximize your family’s compensation.
How We Prove Your Wrongful Death Case
Building a strong wrongful death case requires immediate action and thorough investigation.
Our investigation begins the moment you hire us. Time is critical because evidence disappears and witnesses’ memories fade quickly after an accident.
Step 1: Investigate the Crash
We immediately secure the police report and begin interviewing witnesses who saw the accident. Our team photographs the crash scene and examines all available physical evidence.
When necessary, we hire accident reconstruction experts to analyze exactly how the crash occurred. These specialists can determine vehicle speeds, impact angles, and other crucial details.
We also obtain any available video footage from traffic cameras, nearby businesses, or dashcams. This evidence often provides the clearest picture of what really happened.
Step 2: Identify All Insurance Coverage
Our team identifies every potential source of compensation for your family. We review the at-fault driver’s insurance policy and look for additional coverage through employers or umbrella policies.
We also examine your family’s own insurance policies for uninsured motorist coverage. This protection can provide compensation when the at-fault driver has insufficient insurance.
Commercial vehicle accidents often involve multiple insurance policies. We work with insurance companies to determine which policies apply and their coverage limits.
Step 3: Calculate Full Case Value
We work with economic experts to calculate your family’s total financial losses. This includes your loved one’s lost future earnings, adjusted for inflation and career advancement.
We also document the value of household services your loved one provided. This includes childcare, home maintenance, and other unpaid work that benefited your family.
Non-economic damages require careful documentation of your relationship with the deceased. We gather evidence of their role in your family and the impact of losing them.
Step 4: Negotiate or File Suit
We present our evidence to insurance companies and demand fair compensation for your family. Our thorough preparation gives us leverage in these negotiations.
If insurance companies refuse to offer adequate compensation, we file a lawsuit. We prepare every case for trial to ensure we can achieve the best possible result for your family.
What Should You Expect When You Call?
When you contact our firm, you’ll speak with compassionate attorneys who understand what you’re going through. We offer free consultations to help you understand your legal rights and options.
We’ll listen to your story and answer all your questions about the legal process. There’s no pressure to hire us, and you won’t pay anything unless we win your case.
Our team is available 24/7 because we know grief doesn’t follow business hours. We understand this is one of the most difficult times in your life.
Why Choose Beck & Beck Missouri Car Accident Lawyers?
We’re the only law firm in Missouri that focuses exclusively on motor vehicle accident cases. This specialization gives us deep knowledge of auto accident law and insurance company tactics.
Our family-run firm treats every client like family. We handle every aspect of your case so you can focus on grieving and healing with your loved ones.
- Missouri’s Only Auto Accident Exclusive Law Firm
- 35+ Years Helping Missouri Families
- Over $105 Million Recovered for Clients
- No Fees Unless We Win Your Case
- Available 24/7 to Speak With You
Steps To Take After a Fatal Crash in Springfield
The aftermath of a fatal accident can be overwhelming, but taking certain steps can protect your family’s legal rights. We understand this is an incredibly difficult time, but these actions can strengthen your case.
Obtain the Crash Report
Contact the Springfield Police Department or Missouri State Highway Patrol to get the official crash report. This document includes details about road conditions, weather, and any citations issued. It also lists witnesses and their contact information, which can be crucial for your case.
Preserve Evidence and Photos
Keep any personal belongings from the crash scene in a safe place. Don’t repair or dispose of your loved one’s vehicle until we can examine it for evidence.
If you have photos from the accident scene, preserve them carefully. These images can provide important evidence about road conditions and vehicle damage.
Avoid Early Insurance Statements
The at-fault party’s insurance company may contact you quickly asking for a recorded statement, which is why you need a Springfield personal injury lawyer to protect your interests. Politely decline until you’ve consulted with an attorney.
Insurance adjusters are trained to ask questions that can hurt your case. They may seem sympathetic, but their goal is to minimize their company’s payout to your family.
Call Our Team Early
Evidence disappears and witnesses’ memories fade over time. The sooner you involve our firm, the stronger your case will be.
We can immediately begin preserving evidence and protecting your family’s rights.
Compassionate Springfield Wrongful Death Attorneys
We understand that no amount of money can replace your loved one or take away your pain. Our goal is to provide your family with justice and the financial security you need to move forward.
We handle the entire legal process with compassion and determination. While you focus on healing, we’ll fight to hold the responsible parties accountable for their actions.
FAQ: Springfield Wrongful Death
How do attorney fees work in wrongful death cases?
We work on a contingency fee basis, meaning you pay nothing upfront and no fees unless we win your case. Our fee comes as a percentage of the compensation we recover for your family.
Can multiple family members file separate wrongful death lawsuits?
No, Missouri law allows only one wrongful death lawsuit per death, filed on behalf of all eligible beneficiaries. We help coordinate among family members to ensure everyone’s interests are properly represented in the case.
What happens if there’s both a criminal case and our civil lawsuit?
Criminal cases against the at-fault driver are completely separate from your civil wrongful death claim. We can pursue compensation for your family while criminal proceedings continue, and a criminal conviction can actually help prove liability in your case.
How long do wrongful death cases typically take to resolve?
The timeline for resolving a wrongful death case varies widely depending on the case’s complexity and how settlement negotiations with insurers proceed. We work efficiently while ensuring we secure maximum compensation for your family.
What evidence is most important in proving a wrongful death case?
Key evidence includes police reports, witness statements, video footage from traffic cameras or nearby businesses, cell phone records showing distracted driving, and data from vehicle black boxes. We immediately begin collecting and preserving this evidence.
When are punitive damages available in Missouri wrongful death cases?
Punitive damages may be awarded when the defendant’s conduct showed complete disregard for others’ safety, such as drunk driving, extreme speeding, or other reckless behavior. These damages are meant to punish the wrongdoer, not just compensate the family.
Can we recover compensation if our loved one wasn’t employed?
Yes, you can recover substantial compensation even if your loved one didn’t work outside the home. Damages include the value of household services they provided, plus non-economic losses like companionship, guidance, and emotional support.
Do most wrongful death cases settle out of court or go to trial?
Most cases settle before trial, but we prepare every case as if it will go to court. This thorough preparation gives us maximum leverage during settlement negotiations and ensures we’re ready if trial becomes necessary.
