What Damages Can Be Claimed in Fatal Motor Vehicle Accidents in Missouri?

Tragic car accidents in Missouri have left countless families mourning the sudden loss of loved ones. This is why hiring a Missouri wrongful death lawyer after a fatal motor vehicle accident is the best choice.

In 2023 alone, the Missouri State Highway Patrol reported over 950 traffic fatalities, each representing a life cut short and a family left behind. While no amount of money can ease the emotional pain, understanding the legal avenues available can help reduce financial strain.

Surviving family members may be entitled to compensation for funeral expenses, lost income, and emotional suffering. If you’ve lost a loved one in a motor vehicle accident, it’s essential to understand your rights and options for seeking justice.

This article helps clarify the types of wrongful death damages that may be pursued under Missouri law after a fatal crash.

When to File a Wrongful Death Claim

Families who lose a loved one in a motor vehicle accident might consider a wrongful death claim. This lawsuit is to compensate the survivors. It seeks to cover both the financial and emotional burden of the loss.

If you’re unsure whether to seek legal assistance after a car accident, you must recognize the telltale signs that you need a car accident lawyer.

Economic Damages

Economic damages account for all financial contributions the decedent would have made. Such damages can comprise wages, benefits, or even future income contributions you could have made. It also looks at medical bills before death and funeral expenses. But these are calculable losses with a degree of precision, offering a more concrete view of financial impact.

Non-Economic Damages

While economic damage relates to the tangible nature of loss, non-economic damages take on the intangible. It will include damages for loss of companionship, guidance, and mental suffering.

These are more difficult to calculate because they try to put a number on the gap left behind by the deceased. Courts consider various factors, such as your relationship with the deceased and the impact their death has had on your life.

Survival Actions

Another way to recover damages is through survival actions. Survival actions relate to the deceased’s rights, unlike wrongful death claims that benefit the survivors. They desire compensation for the pain and suffering the decedent experienced before death. If he had survived, the deceased may also have received compensation for his medical expenses and lost wages.

An award for pain and suffering compensates for the suffering experienced by the deceased. This element of a survival action addresses the degree of pain and suffering before death and how long it lasts. It’s challenging to quantify, but essential to the entire claim.

Medical Expenses

Survival actions include any medical treatments given before death. These costs add up quickly and put financial strain on families. Families can recover such lost costs by pursuing these claims, which show what care and treatment the deceased received.

Punitive Damages

In some instances, the plaintiff may also be able to seek punitive damages. Punitive damages aim to punish the party responsible for unusually wrongful conduct, not to compensate the family.

 If the other driver acted recklessly or with gross negligence, you may be eligible to receive punitive damages. Punitive damages serve as a deterrent to prevent the same behavior from occurring again.

Factors Influencing Claims

Many aspects can determine the success and value of claims relating to fatal motor vehicle accidents. Knowing these makes it easier for families to go through the legal process.

Proving Liability

It is vital to prove liability. Compensation can only be obtained by establishing the responsible party’s negligence or wrongdoing. Determining factors like police reports, witness statements, and expert testimonies have a hand in this.

Insurance Coverage

Depending on your insurance policy, the terms can affect the recoverable amounts for claims. The at-fault party’s coverage may also limit your recoverable amounts. Moreover, the deceased’s life insurance can also pay benefits depending on the type of policy.

Relationship With The Deceased

The damage award will also depend on the relationship between the claimant and the deceased. Often, the spouses, children, and dependents held more extraordinary claims. Compensation given by courts depends on the level of emotional and financial dependency on the deceased.

Legal Representation

It can help to safeguard your claims as you pursue them. With the assistance of seasoned lawyers, you can ensure that your claims are presented appropriately and in time. In addition, the lawyers can assist recipients in negotiating settlements or even pursue cases in court to secure the highest offer possible.

Conclusion

The death of a loved one in a motor vehicle accident is horrible. While financial compensation cannot completely replace the loss, it can alleviate some burdens. Understanding the recoverable damages can help families make more informed decisions about their next steps.

There are two types of economic and non-economic damages and survival actions for the deceased’s benefit, including all financial and non-financial losses. In cases involving extreme circumstances, you may also claim punitive damages.