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Fatal Accident Legal Steps Missouri

After a fatal accident, families often face overwhelming financial burdens and the challenge of navigating the legal system. Specific Missouri laws outline the steps that surviving family members can take to pursue justice and compensation after a wrongful death. Exploring the fatal accident legal steps in Missouri can be crucial for providing direction during one of the most difficult times in life.

Missouri Accident Laws

Missouri wrongful death laws allow certain family members to seek compensation when someone’s negligence, recklessness, or intentional act causes another person’s death. The laws hold responsible parties accountable while providing financial relief to surviving family members.

When presenting your case, a Missouri fatal accident attorney must establish the following:

  • Duty of care. The defendant had a legal obligation to act safely.
  • Breach of duty. The defendant failed to uphold this duty.
  • Causation. The breach directly caused the fatal accident.
  • Daños y perjuicios. The surviving family members suffered financial and emotional losses due to the death.

Missouri’s fatal accident laws specify that spouses, children, or grandchildren can file a wrongful death claim first. If these do not exist, the priority moves to parents, then siblings, then nieces and nephews. The family has dos años from the date of death to file the wrongful death claim.

Common Types of Fatal Accident Cases

Every fatal accident is unique, but some of the more frequent causes of fatal accidents include:

  • Accidentes de tráfico. Reckless drivers, drunk driving, and distracted driving are leading causes of fatal crashes. In 2022, there were over 1,000 traffic deaths en Missouri.
  • Accidentes de camiones. Large commercial trucks pose deadly risks when operators or companies fail to follow safety regulations.
  • Motorcycle accidents. Collisions often result in catastrophic injuries or death. In 2023, Missouri saw the most motorcycle accidents, at 174.
  • Workplace accidents. Construction, manufacturing, and industrial sites can become dangerous if safety protocols are ignored. Missouri reported over 89,000 workplace accidents in 2024, with 81 deaths.
  • Medical malpractice. A doctor’s negligence can result in a fatal misdiagnosis, surgical error, or medication mistake.
  • Defective products. Faulty auto parts, unsafe machinery, or dangerous consumer products can lead to fatalities.

Each case requires a tailored legal approach. An experienced Missouri fatal accident attorney can investigate the circumstances, preserve evidence, and pursue justice against the guilty parties.

What to Do After a Fatal Accident

After losing a loved one, thinking about legal matters can be overwhelming. However, it’s important to take steps to safeguard your rights. Begin by notifying law enforcement if this hasn’t been done already. Official reports from the accident provide vital evidence for the case. Preserve as much evidence on your own as possible to build a stronger case.

Only certain relatives can file a wrongful death claim under Missouri law. Hiring an experienced attorney is essential, as they know how to correctly follow the laws and meet all deadlines for filing your claim. Your attorney can file the claim on your behalf, detailing the negligent actions that led to the accident. Many fatal accident cases settle out of court. If yours does not, your attorney can prepare to present your case at trial.

Available Compensation in Fatal Accident Cases

Missouri law allows surviving family members to pursue certain types of compensation after a fatal accident. These include:

  • Economic damages. Funeral and burial expenses, medical bills prior to death, lost income, and benefits the deceased would have provided are all compensable economic losses.
  • Non-economic damages. Emotional distress, along with the loss of companionship, guidance, and consortium, is an intangible loss. Your attorney can determine how much to seek for these damages.
  • Punitive damages. In rare cases, where the defendant’s actions were malicious or especially reckless, additional damages may be awarded to punish the wrongdoing.

Why You Should Choose Northland Injury Law

Choosing the right law firm is one of the most important decisions after a fatal accident. Families in Missouri trust Northland Injury Law because of their dedication to and compassion for clients who are grieving the loss of a loved one.

Ley de lesiones de Northland has decades of experience in handling fatal accident cases in Missouri. They understand the nuances of wrongful death claims and how to build a compelling argument to hold responsible parties accountable.

Preguntas frecuentes

What Happens After a Fatal Car Accident?

After a fatal accidente de tráfico, authorities investigate the scene, determine the cause, and notify the victim’s family. Law enforcement may reconstruct the crash and identify liability, while coroners handle medical examinations. Families may face immediate financial burdens, including funeral costs, medical bills, and lost household income. In cases involving negligence, surviving relatives may pursue a wrongful death claim to seek justice and compensation.

Is Missouri a No-Fault Car Accident State?

No, Missouri is not a no-fault car accident state. It follows an at-fault system. That means the driver who causes the accident is responsible for damages, including medical bills, property damage, and lost wages. Victims can file claims directly against the at-fault driver’s insurance company or pursue a legal claim if necessary. Missouri law requires drivers to carry liability insurance, but that coverage doesn’t always fully address the plaintiff’s expenses.

What Damages Can You Seek After a Fatal Accident?

After a fatal accident, surviving family members can seek compensation for economic, non-economic, and sometimes, punitive damages. Economic losses have a fixed cost, such as lost wages and funeral expenses. Non-economic losses are subjective and intangible, such as loss of consortium. If the defendant behaved with extreme recklessness or malice, survivors can seek punitive damages to punish them.

What Is Considered a Fatal Accident?

A fatal accident is any incident that results in the death of one or more individuals. This can occur at the scene of the accident or shortly afterward due to the injuries sustained. Common causes of fatal accidents include motor vehicle collisions, falls, defective products, and workplace mishaps. A fatal accident can lead to a wrongful death claim, wherein surviving family members may seek compensation for their losses.

Hire a Fatal Accident Lawyer

No amount of money can replace a loved one, but a wrongful death claim can provide financial security and hold negligent parties accountable for their actions. Reach out to Northland Injury Law today to programar una consulta, and let us navigate the legal process.

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