Cape Girardeau Fatal Car Accidents

According to the Missouri Department of Transportation (MoDOT), over 2,300 fatalities occurred in Missouri due to auto accidents between 2013 and 2015. Under Missouri law, certain grieving parties can bring a wrongful death claim when the death of the family member results from any action which would have entitled the deceased to recover damages from the at-fault party. There are three classes of people who can bring a wrongful death suit in Missouri. First in line are the spouse, parents, and children, or if the children are deceased, the children’s descendants. If the first group is not available, second in line are the siblings of the deceased, or if the siblings are deceased, their children. Last, if there is no one in group one or group two to bring suit, the court may appoint a plaintiff ad litem, given there are persons entitled to share in the proceeds of the wrongful death claim.

For a wrongful death claim to be successful, you will have to prove that the defendant acted in a negligent manner. To do this, the representative bringing the claim must prove that the defendant owed a duty to the deceased, breached that duty (such as speeding), and that the breach caused the wrongful death. A fatal car accident attorney can help Cape Girardeau families gather evidence to support these elements. Missouri is a pure comparative fault state. This means any negligence attributed to the decedent could reduce the claim’s recovery. For example, if the deceased was involved in an accident traveling down South Main Street near Old St. Vincent’s Catholic Church, and he was determined to have been 25% at fault for the accident for failing to yield, the net recovery will only be 75% of the award given.

Several elements of damages may be awarded in a Missouri fatal car accident case. In a jury trial, damages are to be decided by the jury. Depending on the facts of the case and proof presented, damages can include funeral and burial expenses, pecuniary losses suffered by reason of death, and damages suffered by the decedent between the time of injury and time of death. Further, survivors may recover the reasonable value of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of the deceased loved one. To ensure all avenues are explored in your case, you will want an experienced auto accident lawyer on your side.