Missouri's Wrongful Death Statute For Families of Car Accident Victims

how Missouri's wrongful death statute works for car fatalities:

Who Can File a Wrongful Death Lawsuit?

Missouri Revised Statute Section 537.080 outlines wrongful death claims. Under this law, certain family members can file a wrongful death lawsuit on behalf of the deceased if their death resulted from the negligence or wrongful act of another person. Here's the order of priority for who can file:

  1. Spouse or Children: The spouse and/or children of the deceased have the first right to file a wrongful death lawsuit.
  2. Parents: If there's no spouse or children, then the deceased's parents can file the lawsuit.
  3. Descendants or Siblings: In the absence of a spouse, children, or parents, descendants (like grandchildren) or siblings of the deceased may have the right to sue.

Elements of a Wrongful Death Claim

To win a wrongful death lawsuit in Missouri for a car fatality, you'll need to prove the following elements:

  1. Death Caused by Act or Incident: You'll need to establish that the car accident resulted in the death of your loved one.

  2. Duty of Care Owed: The defendant (the person or party you're suing) must have owed a duty of care to the deceased. All drivers in Missouri have a duty to operate their vehicles with reasonable care to avoid causing harm to others.

  3. Breach of Duty: You'll need to prove that the defendant breached their duty of care. This means they acted negligently in a way that caused the accident. Examples of negligent driving include:

    • Speeding
    • Distracted driving (cell phone use, etc.)
    • Drunk driving
    • Running red lights or stop signs
    • Reckless driving

  4. Causation: The breach of duty by the defendant must be the direct and proximate cause of the accident that led to your loved one's death. This means that the accident wouldn't have happened but for the defendant's negligence.

  5. Damages: You'll need to show that you and other surviving family members have suffered damages as a result of your loved one's death. Recoverable damages in Missouri wrongful death lawsuits can include:

    • Medical expenses: Costs associated with your loved one's final medical care.
    • Funeral and burial expenses: Reasonable costs of funeral arrangements and burial.
    • Loss of financial support: The income and financial contributions your loved one would have provided if they hadn't died.
    • Loss of companionship and consortium: The loss of love, companionship, guidance, and emotional support from your loved one.
    • Loss of inheritance: If your loved one would have likely left you an inheritance.

Additional Points to Consider:

  • Comparative Negligence: Missouri follows a pure comparative negligence system. This means that if the deceased is found to be partially at fault for the accident, it will reduce the amount of damages you can recover. For instance, if the deceased was speeding at the time of the accident, their percentage of fault would be factored into the final settlement.

  • Time Limit: There's a statute of limitations for filing a wrongful death lawsuit in Missouri. Generally, you have three years from the date of your loved one's death to file the lawsuit.

  • Legal Representation: Wrongful death cases can be complex and emotionally challenging. Consulting with an experienced personal injury attorney in Missouri is highly recommended. They can guide you through the legal process, gather evidence, negotiate with the at-fault party's insurance company, and represent you in court if necessary.

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