April 17, 2025 | Car Accidents, Compensation, Truck Accidents, wrongful death
Over 1,000 people died as a result of a car accident injuries in 2022 according to the Insurance Institute for Highway Safety. Unfortunately, these statistics represent more than numbers – they’re families left devastated and struggling with overwhelming emotional and financial burdens.
While no amount of compensation for death in car accident cases can truly make up for such a profound loss, securing fair financial recovery helps families manage mounting expenses and focus on healing. Many families don’t realize they need an experienced car accident lawyer to navigate the complex legal process. A qualified car accident attorney can help determine liability, calculate appropriate damages, and ensure survivors receive the maximum compensation they deserve.
As injury lawyers in St. Louis, Ortwerth Law is one of the premier firms in Missouri. We have experience handling car accidents, truck accidents, and car accidents involving commercial vehicles in Missouri. This article outlines available compensation types, and walks you through the process of building a strong wrongful death claim. Let’s examine how you can protect your family’s financial future while honoring your loved one’s memory.
A wrongful death lawsuit is a legal action that allows surviving family members to seek justice and financial compensation for the loss of a loved one due to someone else’s negligence or wrongful act. In essence, it holds another party accountable when their actions lead to a fatal accident, such as a car accident. These lawsuits serve not only as a means of financial support during a challenging time but also as a way to bring closure and sometimes even policy changes that prevent future tragedies.
When you file a wrongful death lawsuit in Missouri, it’s important to understand that only certain individuals are eligible to do so. Missouri law permits the deceased person’s spouse, children, or parents to file a claim. If these individuals are unavailable, a personal representative of the deceased can initiate the lawsuit.
The compensation from a wrongful death suit can cover various damages, including funeral and burial expenses, loss of future income, and even non-economic damages like the loss of companionship and emotional suffering. It provides a monetary means to cope with expenses and losses incurred from the accident.
Missouri law provides specific pathways for families to seek justice after losing a loved one in a car accident. Understanding these legal mechanisms is crucial for securing fair compensation for death in car accident cases. Let’s examine the foundations of wrongful death claims in Missouri and how they apply to fatal car crashes in St. Louis.
Under Missouri law, a wrongful death occurs when someone dies due to “any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages”. In simpler terms, if the deceased person would have had grounds for a personal injury lawsuit had they survived, their representatives may pursue a wrongful death claim instead.
This legal definition encompasses various situations, including fatal car accidents caused by:
For fatal car accidents specifically, a wrongful death claim essentially transforms what would have been the victim’s personal injury case into a claim brought by family members. Consequently, working with an experienced car accident attorney is essential to properly classify the incident according to Missouri’s legal framework.
Missouri law establishes a clear hierarchy of individuals eligible to file wrongful death claims, organized by their relationship to the deceased. The state gives priority in the following order:
Importantly, Missouri law permits only one wrongful death action against a single defendant for each death. Therefore, family members must coordinate their efforts rather than filing separate claims. Furthermore, the relationship to the deceased determines not only who can file but also potentially affects the compensation amount.
When seeking compensation for death in car accident cases, acting promptly is essential. Missouri imposes a strict three-year statute of limitations on wrongful death claims, meaning families must file within three years from the date of death. Missing this deadline typically results in the court rejecting the case outright, regardless of its merits.
However, certain exceptions may apply in limited circumstances:
According to Missouri law, if service on a defendant isn’t completed within 180 days of filing the petition after the statute of limitations has expired, the court shall dismiss the action.
Securing fair compensation for death in car accident cases involves understanding the different types of car accident damages you can receive in Missouri that are available to surviving family members. After filing a claim, families need to carefully account for all potential areas of recovery to ensure they receive complete compensation.
Economic damages represent the tangible financial losses experienced following a fatal car accident. These damages are typically straightforward to calculate as they have specific monetary values attached to them. Missouri law allows recovery of various economic losses, primarily:
When calculating lost earnings, courts consider the deceased’s profession, education level, and career trajectory. For example, a 40-year-old earning $150,000 annually would have decades of potential earnings that could be recovered. Indeed, these calculations often require testimony from economic experts to accurately project lifetime earnings.
Beyond financial losses, Missouri law recognizes the profound emotional toll of losing a loved one. Non-economic damages compensate for intangible losses that don’t have obvious price tags. Subsequently, these can include:
Pain and suffering experienced by the deceased before death, emotional distress suffered by family members, loss of companionship, and loss of guidance and nurturing are all compensable under Missouri law. Moreover, these damages often form a substantial portion of wrongful death settlements.
Unlike some states, Missouri generally doesn’t impose arbitrary caps on non-economic damages in wrongful death cases stemming from car accidents. This allows families to pursue full compensation based on their specific circumstances and emotional losses.
In contrast to compensatory damages that make families whole, punitive damages serve to punish defendants and deter future misconduct. For instance, these damages may be available when a fatal accident results from:
Drunk driving, extreme recklessness, or intentional misconduct can all potentially qualify as grounds for punitive damages. To recover punitive damages, families must demonstrate the defendant’s actions showed willful misconduct, malice, or conscious indifference to consequences.
Although rarely awarded, punitive damages can be substantial when granted. Nevertheless, under Missouri law, the court carefully evaluates factors like the reprehensibility of the defendant’s actions and the actual damages suffered when determining appropriate amounts.
Determining fair compensation requires a comprehensive evaluation of numerous factors affecting the deceased’s life value. It is a sad and morbid thing to consider, but it is how the court articulates its process for in a wrongful death case. The process involves:
First, calculating economic factors such as income, benefits, and services provided. Next, assessing non-economic factors like relationships and the deceased’s role in the family. An experienced car accident attorney typically works with economic experts, including accountants and economists, to accurately quantify these losses.
The calculation considers the deceased’s age, health prior to death, education, earning capacity, and the circumstances surrounding their dependents. Qualified expert witnesses play a crucial role in these determinations, providing testimony about projected earnings and the monetary value of intangible losses.
Despite mathematical formulas and expert analysis, most St. Louis wrongful death lawyers ultimately settle through negotiation.
To build a successful claim for compensation for death in car accident cases, showing exactly who was at fault becomes the foundation of your case. Proving liability requires methodical investigation and legal expertise to establish who should be held responsible for your devastating loss. We highly recommend consulting a personal injury lawyer to discuss the types of evidence that can be used in a car accident lawsuit.
Successfully proving liability in fatal car accident cases revolves around establishing four essential elements of negligence:
First, the defendant owed a duty of care to the victim—a basic responsibility all drivers have to operate their vehicles safely. Second, they breached this duty through reckless or careless actions. Third, this breach directly caused the accident that resulted in death. Finally, the death produced quantifiable damages for the surviving family members.
A car accident lawyer can help demonstrate how the responsible party failed to act like a reasonable person would under similar circumstances. Common breaches of duty in fatal accidents include distracted driving, speeding, violating traffic laws, or driving under the influence.
The strength of your wrongful death claim ultimately depends on the quality and quantity of evidence collected. Physical evidence from the accident scene forms a crucial foundation, including:
Even seemingly minor details can significantly impact your case. Hence, preserving all relevant evidence becomes vital, as failing to collect critical information can weaken your claim or even lead to dismissal.
In complex fatal accidents, accident reconstruction experts provide invaluable technical analysis. These specialists examine physical evidence and apply principles of physics and engineering to determine exactly how the crash occurred.
Accident reconstructionists create detailed reports that explain vehicle movements, speeds, and positions before and during impact. They can testify about crucial factors like braking distances, impact angles, and visibility conditions that prove liability.
Many reconstruction experts have specialized training in accident dynamics and can present their findings through compelling visuals that help judges and juries understand technical concepts clearly.
Missouri follows a comparative fault system where responsibility can be divided among multiple parties, including potentially the deceased. If the victim shared some fault in causing the accident, this affects the final compensation amount.
Under this system, your compensation gets reduced by the percentage of blame assigned to the deceased. For example, if total damages equal $100,000 but the victim was 25% at fault, the recovery would be limited to $75,000.
Importantly, even if the deceased bears significant responsibility, families can still recover damages. Unlike some states with stricter rules, Missouri allows recovery even when the deceased had substantial fault, though the compensation will be proportionally reduced.
A skilled Missouri car accident attorney can defend against attempts by insurance companies to assign excessive blame to the victim—a common tactic used to minimize payouts in wrongful death cases.
After establishing liability for a fatal car accident, dealing with insurance companies becomes a critical process in securing compensation for your loss. Insurance claims following a death require meticulous attention to detail and often benefit from professional guidance. A local car accident attorney will help you understand how car accident compensation is awarded in Missouri and your options for pursuing different forms of compensation.
Immediately after a fatal accident, you must report the incident to the relevant insurance companies. In Missouri, you’re required to report accidents causing death, injury, or property damage exceeding $500 to the Driver License Bureau. Documentation forms the foundation of your claim—gather police reports, medical records, death certificates, and witness statements. Typically, insurance companies assign claims adjusters who may request recorded statements, which should be approached with caution.
Initial settlement offers from insurance companies are frequently lower than what families deserve. Insurance adjusters often present these first offers as “take it or leave it” propositions, hoping grieving families will accept quickly. Carefully review any offer with a car accident attorney before responding. Remember that accepting an offer means forfeiting your right to seek additional compensation later, even if unexpected expenses arise.
Effective negotiation requires preparation and patience. Consider these approaches:
The decision between settlement and litigation hinges on several factors. Accept a settlement when it adequately covers all damages and provides timely closure. Conversely, litigation becomes necessary when insurers refuse fair compensation or dispute liability. Ultimately, this decision should balance financial needs, emotional wellbeing, and case strength.
A car accident attorney can evaluate insurance company tactics, preventing common pitfalls that reduce compensation for death in car accident cases. Professional representation often substantially increases settlement amounts while reducing the emotional burden on grieving families.
When insurance negotiations fail to yield adequate compensation, filing a formal wrongful death lawsuit in St. Louis courts becomes necessary. Whether it is a car accident with another civilian or one involving a commercial vehicle, understanding what to do with after an accident with a delivery vehicle – or any vehicle for the at matter – helps families prepare for what lies ahead while pursuing justice for their loved one.
Initially, your car accident attorney will prepare and file a petition in the appropriate St. Louis civil court. This petition must identify all parties involved, state the legal basis for your claim, and specify the damages sought. In Missouri, you must file within three years of your loved one’s death. The court then issues summons to notify defendants of the lawsuit, giving them typically 30 days to respond. Thereafter, both parties file preliminary motions that shape how the case proceeds.
Following the initial filings, the discovery phase begins—a crucial period where both sides exchange information. This process typically includes:
Discovery can last several months as parties gather evidence to strengthen their positions. Your car accident lawyer will use this phase to build compelling evidence supporting your claim for compensation for death in car accident cases.
Most wrongful death cases in Missouri resolve through settlement conferences rather than trials. During these structured meetings, a neutral mediator facilitates negotiations between parties. The mediator has no authority to impose decisions but helps identify common ground. Settlement conferences provide a less formal environment where families can potentially secure compensation without the emotional strain of a trial. Ordinarily, both parties must attend with someone authorized to approve settlement terms.
If settlement attempts fail, your case proceeds to trial. The process begins with jury selection, followed by opening statements from both sides. Each party then presents evidence, calls witnesses, and cross-examines the opposition’s witnesses. Expert testimony often plays a pivotal role in establishing damages and liability. After closing arguments, the jury deliberates before delivering a verdict.
Realistically, the timeline for resolving a wrongful death lawsuit varies significantly. From filing to resolution, cases typically take between one and three years. Simpler cases might settle within months, while complex litigation involving multiple parties can extend beyond three years. Certainly, settlement generally provides faster resolution than proceeding through a complete trial.
Having a skilled attorney is always the best way to get the results you want. Whether it is a St. Louis divorce lawyer or an attorney specializing in personal injury, finding a capable attorney is crucial. Choosing to file a wrongful death lawsuit can be an overwhelming and emotional decision. Engaging a skilled wrongful death attorney, like our attorneys here at Ortwerth Law, is crucial to navigate the complexities of Missouri law efficiently. Our wrongful death lawyers will offer you invaluable support in interpreting legal jargon, gathering essential evidence, and meeting all critical deadlines.
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