It is always heartbreaking to lose a loved one, but it can be especially difficult when it happens due to a sudden event like a car accident. On top of the grief you and your family are suffering, you will need to deal with expenses and issues related to your loved one’s estate.
If that car crash happened due to the actions of another person, you may have grounds for a legal claim. It’s a lot to handle when you’ve endured so much hardship. Our fatal car accident lawyers in Independence can help you understand your options.
Our legal team at Foster Wallace Personal Injury Lawyers has recovered more than $1 billion in combined judgments, settlements, and jury awards for our clients. Call today for your free consultation and learn how our Independence car accident lawyers can serve you.
How Our Attorneys Can Help in a Fatal Car Accident Case
When another driver’s negligence causes an accident and death, surviving family members have the right to take legal action in the form of a wrongful death claim, survival action, or both. This involves complicated legal statutes and, often, dealing with insurance companies.
Insurers may contest who was at fault or attempt to underpay your claim. Our personal injury lawyers in Independence will stand up for you and your family through this difficult time.
Some of the things we can do to help include:
- Offering legal advice on the best way to pursue compensation in your specific circumstances
- Investigating the accident to understand what happened and who was at fault
- Reviewing damages and calculating the compensation you or your loved one’s estate is owed
- Dealing with insurance companies and keeping your claim on track
- Negotiating for a fair settlement that accurately reflects your losses and hardships
- Representing you in court if and when necessary.
What Is a Wrongful Death Claim in Missouri?
Close family members can bring a wrongful death action in Missouri when someone dies because of another person’s negligence or wrongdoing. You can recover damages for things like lost income, funeral expenses, and the emotional loss of a loved one.
These claims focus on what the deceased meant to the family, both financially and personally. Missouri law outlines who can file, beginning with a surviving spouse and moving on through various family relationships. If no family members exist, the estate can bring a claim.
Contact our Kansas city personal injury lawyers now.
What Is a Survival Action?
A survival action is a legal claim that continues the rights your loved one had before death. Under Missouri Revised Statutes § 537.020, if the person could have filed a lawsuit for injuries, pain, or medical costs before passing, their estate can now pursue that claim.
This is separate from a wrongful death case. The goal is to hold the at-fault party responsible for what your loved one went through between the accident and their death. Any money recovered goes to the estate and is handled through probate or according to the person’s will.
Can You File Both a Wrongful Death Claim and a Survival Action?
Yes, in Missouri, you can file both a wrongful death claim and a survival action, as they serve different purposes. A single lawsuit can contain both claims. Here is how they differ:
- Wrongful death claim: Focuses on the impact your loved one’s death has had on you and your family
- Survival action: Deals with what your loved one experienced before they died, such as pain, suffering, and medical bills.
Filing both claims allows you to pursue a fuller range of damages. Our Independence fatal car accident lawyers can help determine which claims apply to your case and how to move forward.
What Is the Statute of Limitations for Wrongful Death in Missouri?
In Missouri, the standard deadline to file a wrongful death lawsuit is three years from the date of death. However, there are a few exceptions. If the person bringing the claim is a minor, the clock may pause until they turn 18.
In rare cases, the court may extend the time if the defendant concealed their wrongdoing or if fraud prevented you from learning about your legal rights. Even if you believe you have extra time, it is smart to speak with our team as soon as possible.
Get Legal Help from Our Fatal Car Accident Attorneys in Independence
Grieving over the loss of a loved one is part of being human. However, if another driver’s negligent actions caused an accident that led to their death, it is understandable if you feel there is unfinished business. You deserve answers, and your loved one deserves justice.
You can hold the other motorist accountable for the suffering they have caused your family. Our fatal car accident attorneys in Independence will handle your case and help you get the compensation that you, your family, and your lost loved one deserve.
Our legal team at Foster Wallace is ready to serve you. Because we work on a contingency fee basis, we charge nothing up front to take your case. You only pay when we recover money on your behalf. If we don’t win, you owe nothing.
Call today for your free consultation.
