The sudden loss of a loved one in a car accident caused by someone else’s negligence is devastating for any family. Beyond the emotional toll, families often face unexpected financial burdens, including funeral costs, medical bills, and loss of income. Missouri law provides a path for families to seek justice and compensation through a wrongful death lawsuit. However, only specific individuals are legally allowed to file such a claim.
Understanding who can file a wrongful death lawsuit and the steps involved is critical for ensuring your loved one’s legacy is honored and your family’s future is protected.
Missouri’s Wrongful Death Statute: Who Has the Right to File?
Missouri law clearly outlines who can file a wrongful death claim under Missouri Revised Statutes § 537.080. The statute prioritizes family members based on a structured hierarchy, ensuring that those closest to the deceased have the first opportunity to seek justice.
Class 1: Immediate Family Members
The first group of individuals legally permitted to file a wrongful death lawsuit includes the deceased’s immediate family members:
- Spouse: The legal husband or wife of the deceased has the primary right to file a claim.
- Children: This includes biological children, adopted children, and stepchildren, provided they were legally recognized as dependents.
- Parents: If the deceased was unmarried and had no children, their biological or adoptive parents have the right to file the claim.
This category receives the highest priority under Missouri law. If any individuals from this group exist, they have exclusive rights to file the lawsuit.
Class 2: Siblings and Their Descendants
If the deceased does not have surviving immediate family members (spouse, children, or parents), the right to file shifts to the next class of relatives:
- Siblings: Brothers or sisters of the deceased may file the wrongful death claim.
- Descendants of Siblings: If the siblings are no longer living, their descendants (nieces and nephews of the deceased) may pursue the claim.
This class of relatives can only file a wrongful death lawsuit if there are no eligible claimants from Class 1.
Class 3: Court-Appointed Plaintiff Ad Litem
If no immediate family members, siblings, or their descendants exist, Missouri law allows the court to appoint a plaintiff ad litem. This person acts as a representative to file the wrongful death claim on behalf of the deceased’s estate or beneficiaries.
The court may choose a close friend, distant relative, or another appropriate person to serve in this role. The plaintiff ad litem must demonstrate a commitment to acting in the best interests of the deceased’s estate and any potential beneficiaries.
What Damages Can Be Recovered in a Car Accident Wrongful Death Case?
Once a wrongful death lawsuit is filed, eligible family members may seek compensation for both economic and non-economic losses caused by the car accident. Under Missouri law, damages can include:
- Funeral and Burial Costs: Expenses related to laying your loved one to rest.
- Medical Bills: Costs for any medical treatment the deceased received prior to their death as a result of the accident.
- Loss of Financial Support: Compensation for the income and benefits the deceased would have provided to their family over their lifetime.
- Loss of Companionship and Guidance: The emotional loss of a loved one’s care, guidance, and love.
- Pain and Suffering: Compensation for the emotional trauma suffered by surviving family members due to the loss.
- Loss of Services: The value of household contributions and services the deceased would have provided, such as childcare, home maintenance, and other family support.
In cases involving egregious negligence or intentional misconduct, the court may also award punitive damages. These damages are designed to punish the at-fault party and deter similar conduct in the future.
The Role of Evidence in a Missouri Car Accident Wrongful Death Case
Building a strong wrongful death claim requires substantial evidence to prove that the at-fault party’s negligence or misconduct directly caused the car accident and subsequent death. Key pieces of evidence may include:
- Police Reports: Official reports from the accident scene, which often include the officer’s observations and preliminary fault assessments.
- Eyewitness Testimonies: Statements from individuals who witnessed the accident.
- Accident Reconstruction: Expert analysis that recreates the events leading to the crash, highlighting the at-fault party’s negligence.
- Medical Records: Documentation of the injuries and medical treatment the deceased received as a result of the accident.
- Photographic and Video Evidence: Images or footage of the accident scene, vehicle damage, and road conditions.
An experienced attorney can help gather, analyze, and present this evidence to build a compelling case on your behalf.
Filing Deadlines: The Statute of Limitations in Missouri
In Missouri, wrongful death lawsuits must be filed within three years from the date of the deceased’s death. This time limit, known as the statute of limitations, is strictly enforced. If a claim is not filed within this window, surviving family members risk losing their right to seek compensation.
While three years may seem like ample time, building a strong case often requires extensive investigation, gathering evidence, and negotiating with insurance companies. It’s crucial to consult with a wrongful death attorney as soon as possible to ensure your rights are protected.
Why Legal Representation Matters in Wrongful Death Cases
Wrongful death cases, particularly those involving car accidents, are complex and emotionally charged. Navigating Missouri’s legal system, dealing with insurance companies, and presenting a strong case require both legal knowledge and experience. A skilled wrongful death attorney can:
- Handle Legal Deadlines: Ensure your case is filed on time and in compliance with Missouri law.
- Gather Evidence: Conduct a thorough investigation and collect the necessary documentation to prove negligence.
- Calculate Damages: Accurately assess the full extent of your family’s losses, including future financial and emotional impacts.
- Negotiate with Insurance Companies: Advocate for a fair settlement that reflects your family’s needs and the loss you’ve suffered.
- Litigate in Court: If necessary, represent you at trial to fight for the compensation and justice you deserve.
Having a compassionate and dedicated attorney on your side can make all the difference in easing the burden on your family during this difficult time.
Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.