Who is Liable for My Loved One's Fatal Car Crash in St. Louis, MO?

According to the National Highway Traffic Safety Administration, driver error is the "critical reason" for 94 percent of auto accidents. So you will likely be making a claim against a negligent driver and their insurance company. However, the administration also points out that driver error is "the last failure in a chain of casual events," and that calling driver error the "critical reason" does not mean that it should "be interpreted as the cause of the crash." The truth is, there are a lot of people and organizations responsible for keeping our roads safe. People who are liable for your loved one's passing besides the driver may include:

• A manufacturer — Wheel, tire, brake and steering related issues are the most common vehicle malfunctions. A manufacturer, distributor or vendor is strictly liable for any defect that causes an injury, meaning you only have to prove the defect existed and caused your loved one's death, not that they were negligent. If a fault component contributed to the accident, you can make a product liability claim.
• A mechanic — If a mechanic negligently worked on the vehicle that caused the crash, you can make a claim against them.
• A construction company — If a construction site was not properly marked and cordoned off, and that negligence contributed to your loved one's death, or if they did not appropriately repair a road hazard they were hired to, you can file a lawsuit against the construction company in a road construction accident claim.
• A governmental entity — We rely on local, state and federal agencies to ensure the safety of our roadways. A government agency can be held liable for a poorly designed road, for example if they placed a sign in a location where it blocked visibility, or a turn was unreasonably sharp. They may also be responsible if they did not repair a road hazard that they were warned of or should have reasonably noticed.
• A bar or restaurant — With Missouri's drunk driving laws, you can sue a bar for a drunk driving accident if they knowingly overserved a drunk driver who caused the accident. This is known as a "dram shop law."

In many cases, different parties share liability. For instance, a driver may react poorly after a problem with their steering system starts. We use our network of St. Louis crash experts to investigate everything that could have contributed to your loved one's accident, so we know everyone that needs to be held accountable.

What Can My Family Recover After a Fatal Car Accident in St. Louis, MO?

With the help of passionate and dedicated fatal car crash lawyers, you can receive compensation for the financial losses your loved one sustained and their pain and suffering before their death, as well as your financial losses due to their death, your grief and the loss of their presence in your life:

• Your loved one's economic damages — In any personal injury claim, you can get compensation for your financial losses related to the injury. That can include lost wages, lost earning potential, medical expenses and out-of-pocket expenses. You can recover the economic damages they sustained between their accident and their death.
• Your loved one's non-economic damages — Injury claims also compensate you for the less tangible ways your injury affected you, commonly referred to as "pain and suffering." Your loved one's non-economic damages may have included:
  • Pain and suffering
  • Mental anguish
  • Inconvenience
  • Physical impairment
  • Disfigurement
  • Loss of ability to enjoy life
  • Loss of consortium
  • Loss of society

  Like economic damages, the compensation for your loved one's pain and suffering damages will be passed on to you.

• Your economic damages — The loss of family member can cause financial difficulties for a family. In a wrongful death claim, you can receive compensation for:
  • Funeral and burial expenses
  • The lost wages and financial support you are no longer receiving from your loved one
  • Any work-related benefits they had

  If your loved one did not work full time and was at least 50 percent responsible for taking care of a minor, disabled family member or person over 65, the monetary value of their care is 110 percent of the state average weekly wage, as computed under Missouri Revised Statute §287.250

• Your non-economic damages — While the pain of losing a loved one cannot be quantified monetarily, Missouri law does allow for you to make a financial recovery for the hole they left behind. Under Missouri Revised Statute §537.090, a wrongful death settlement or verdict will include compensation for:
  • Loss of services
  • Loss of consortium
  • Loss of companionship
  • Loss of comfort
  • Loss of instruction
  • Loss of guidance and counsel
  • Loss of training
• Punitive damages — In some cases, we can also pursue punitive damages, meant to punish a rulebreaker, if their conduct was especially egregious, reckless or they had intent to cause harm.

Insurance companies and negligent people and corporations often try to deny liability or devalue claims, even in wrongful death suits. You will need an experienced and award-winning St. Louis wrongful death lawyer like those at Burger Law to get you the full compensation you deserve.

Who Can File a Wrongful Death Suit in Missouri?

Missouri Revised Statute §537.080 stipulates who is eligible to file a wrongful death claim:

• A spouse, children or surviving descendants of deceased children or a parent
• If there is no one in the above category to bring a claim, then siblings and siblings' descendants
• If there is no one in either category above, then any other person who may be eligible to recover compensation may request that the court appoint a plaintiff ad litem

If you have any doubts about your eligibility to make a claim, speak to a St. Louis fatal car crash lawyer at Burger Law today at (314) 500-HURT.

How Long Do I Have to File a Wrongful Death Claim for a Fatal Car Crash in Missouri?

Under Missouri Revised Statute § 537.100, the Missouri statute of limitations for wrongful death claims is three years from the date of your loved one's death.

If the person you are making a claim against leaves the state of Missouri for a period, their time out of state does not count against the three years.