Wrongful Death Attorney After St. Louis Fatal Car Accident

In Missouri, if you've lost a loved one in a car accident due to someone else's negligence, you may be able to file a wrongful death lawsuit to recover damages. Here are the elements you'll need to prove to win a wrongful death case in Missouri:

Death Caused by Act or Incident: You'll need to establish that the death of your loved one resulted from a wrongful act, occurrence, or incident. This typically refers to the car accident itself.
Duty of Care Owed: The defendant (the person or party you're suing) must have owed a duty of care to the deceased. In Missouri, all drivers have a duty to operate their vehicles with reasonable care to avoid causing harm to others. This includes following traffic laws and driving safely.
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 that could breach this duty include speeding, distracted driving, drunk driving, or failing to yield the right of way.
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.
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.
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. 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.