Losing a loved one in a car crash is devastating. Families are suddenly faced with grief, unanswered questions, and complex financial realities. When someone else’s negligence causes a fatal collision, Missouri law allows certain surviving family members to pursue a wrongful death claim.
A wrongful death claim is not about placing a value on a person’s life. It is about accountability, financial stability, and ensuring the burden of loss is not borne by the family alone.
Understanding how these cases work can help families make informed decisions during a tough time.
What Is a Wrongful Death Claim in Missouri?
A wrongful death claim arises when a person dies because another individual or company acted carelessly, recklessly, or intentionally.
In fatal car accidents, wrongful death claims may involve:
- Drunk or drug-impaired drivers.
- Distracted drivers using phones or devices.
- Speeding or aggressive drivers.
- Commercial vehicle or trucking companies that violated safety rules.
- Drivers who ignored traffic signals or failed to yield.
The claim holds the responsible party financially and legally accountable for the harm caused.
Who Can File a Wrongful Death Claim?
Missouri law prioritizes family members in a specific order.
Generally, the following may file:
- A surviving spouse.
- Children or grandchildren.
- Parents of the deceased.
If no one in this group exists, other relatives may qualify in certain situations. Our attorney can review the family structure and explain who has the legal right to file.
What Damages Can a Family Recover?
Compensation in a wrongful death case is designed to address both financial losses and the impact of losing a loved one’s presence and support.
Families may be able to recover:
- Medical expenses related to the final injury.
- Funeral and burial costs.
- Lost income and financial support.
- Loss of companionship, guidance, and emotional support.
- Pain and suffering experienced by the deceased before death.
Every case is different. The specific damages depend on the facts, the relationship to the deceased, and the evidence available.
How Wrongful Death Claims are Different from Criminal Cases
Many families wonder what happens if the at-fault driver is charged with a crime, such as DUI or reckless driving.
It is essential to understand:
- A criminal case focuses on punishment.
- A wrongful death case focuses on financial accountability for the family.
A wrongful death case can proceed even if there is no criminal conviction. The standards of proof are different, and the goals are not the same.
How Long Do Families Have to File in Missouri?
Wrongful death claims have strict deadlines. In most Missouri cases, families have three years from the date of death to file.
Waiting too long can permanently prevent recovery. Speaking with our attorney early helps preserve evidence and protect the right to pursue compensation.
What Evidence Matters in Fatal Car Accident Cases?
Because the deceased cannot speak for themselves, evidence is significant.
Key evidence may include:
- Police crash reports.
- Eyewitness statements.
- Photos and video from the scene.
- Vehicle data and accident reconstruction.
- Cell phone or toxicology records, when applicable.
Our attorney works to gather and preserve this information before it disappears.
Why Legal Guidance Matters After a Fatal Crash
Insurance companies may appear sympathetic, but their goal is to limit financial responsibility. They may reach out quickly, request statements, or encourage fast settlements before the full impact is known.
Having our attorney involved helps families:
- Understand their rights.
- Avoid costly mistakes.
- Evaluate whether settlement offers are fair.
- Focus on healing while legal issues are handled correctly.
Families deserve support, clarity, and strong advocacy during this process.
The Gogel Law Firm Helps Missouri Families Seek Justice
No amount of money can replace a loved one. But a wrongful death claim can provide financial stability and a sense of accountability when a preventable crash takes a life.
At The Gogel Law Firm, our attorney represents families with compassion and determination. We investigate what happened, identify all responsible parties, and pursue full and fair compensation.
If your family has lost a loved one in a Missouri car crash, contact The Gogel Law Firm at (314) 370-8173 or online to schedule a free consultation. Our St. Louis personal injury attorney will listen, answer your questions, and help you understand the next steps.
