Chelsea Dickerson
Dickerson Oxton attorney Chelsea Dickerson is a dedicated advocate for injury victims, focusing her practice on personal injury and mass tort litigation. As co-founder of the firm, she has helped recover millions of dollars for clients in serious injury, trucking accident, motorcycle accident, and wrongful death cases. Chelsea is known for her aggressive, evidence-driven approach and her commitment to holding insurance companies and negligent parties accountable. She also represents consumers nationwide in complex pharmaceutical and medical device litigation.
Every day, people tragically lose their lives in motor vehicle crashes across the country. It is deeply personal and painful when it happens to you. While a car accident resulting in injuries can lead to a personal injury claim, what happens when someone dies in that accident? The injured survivors can still file a personal injury claim, but a family member can file a wrongful death claim for their loved one. A fatal car accident lawyer at Dickerson Oxton may be able to assist you in filing such a claim and seeking the compensation you deserve under the law. Call (816) 542-6599 to schedule a consultation and learn more about your legal rights and options.
What Is the Most Common Factor in Fatal Car Accidents in Missouri?
Car accidents in general, and fatal ones specifically, can occur due to many factors. However, the Missouri Department of Transportation reports that the most common factors in fatal car accidents are speeding and aggressive driving. They indicate that 36% of fatalities are the result of speeding, and that at least one aggressive driver is reported in more than half of all fatal crashes. In fact, speed and aggressive driving are listed more than twice as often as driving under the influence as contributing factors to fatal car crashes.
Additionally, speed often determines the outcome of car accidents involving pedestrians or bicyclists. If a pedestrian is hit by a car driving 20 miles per hour (mph), they have a 90% chance of surviving the accident. However, if that speed is doubled to 40 mph, their chance of survival drops to just 20%. That is a nearly 80% reduction in their chances of survival from an increase of only 20 mph, and the odds of survival only get worse from there.
What Can a Fatal Car Accident Lawyer Do?
Hiring a fatal car accident lawyer, or a wrongful death attorney who specializes in fatal car crashes, can potentially have several benefits for the family left behind. The last thing most families want to do while grieving the loss of their loved one is deal with a wrongful death lawsuit. The legal system is complicated and confusing even when people are not distracted by grief. A skilled lawyer can manage many of the steps involved in filing a wrongful death claim while keeping the family updated so they can focus on their grief and putting their lives back together.
Investigate the Accident
The police will perform an investigation of the car accident, but their investigation only goes so far. A fatal car accident lawyer can gather evidence, including police reports and witness statements, that will help to determine fault and liability. A lawyer can contact accident reconstruction specialists to reconstruct the accident based on the evidence. This will all help to determine the accident’s cause and who is liable.
Determine Fault and Liability
Some people mistakenly believe that if they are partially responsible for an accident, they cannot recover damages. However, RSMo § 537.765 is Missouri’s comparative fault law, which indicates that bearing partial liability does not prevent the individual from seeking compensation. Instead, individuals can seek compensation and if found to be partially at fault, their compensation can be reduced by the amount of fault apportioned to them.
A skilled attorney can investigate the accident and determine fault and liability. They can seek evidence that may prove the other party was at fault and may reduce or eliminate any claims that their client was partially at fault. They can also seek all liable parties, such as vehicle manufacturers, who may be liable based on what the evidence indicates regarding the specific causes of the accident.
Handle Insurance Claims
While the statute of limitations is five years from the date of the accident for personal injury claims and three years from the date of the accident for wrongful death claims, most people go through the insurance claims process first before potentially filing a lawsuit. This process can take time, and may entail multiple deadlines that must be met. A lawyer can assist the family by handling the insurance claims process, including managing deadlines and paperwork, and pursuing a fair settlement.
File a Wrongful Death Lawsuit for the Family
If the insurance claims process and negotiations to reach a fair settlement do not work out, a lawyer can file a wrongful death lawsuit on the family’s behalf. They can fill out and file the paperwork, serve the defendant, find expert witnesses, and prepare eyewitnesses for depositions and testifying in court.
Fight for Maximum Compensation Possible
While attorneys cannot promise a specific compensation amount, they can fight for the maximum compensation possible for their client. This includes identifying all the damages the client incurred, and calculating a fair amount to ask for based on the deceased’s age and overall health, the circumstances of the death, and the financial impact the loss has had on the family. An attorney can assist by helping their client identify fair settlement offers, identifying damages to ask to be compensated for, and building a strong case to persuade an insurance company or judge to agree to the amount of compensation being requested.
Provide Legal Support and Guidance
An experienced and knowledgeable lawyer can provide legal support and guidance throughout the legal process. They can help families understand their rights and options, navigate the paperwork, and understand the order of events in the legal process, including how long things may take and why certain actions must be taken before others.
Offer Compassionate Support
There are many emotional challenges that come with the loss of a loved one, and the legal process often provides additional ones. While other family and friends care and want to be supportive, they often are not sure what to say or how to act. A compassionate attorney can provide a supportive and understanding environment for the family, acknowledging the pain and grief they feel while also assisting them in navigating the legal process despite their pain and grief.
What Damages Are Involved in Fatal Car Accidents?
Many of the damages a fatal car accident lawyer will ask for in a fatal car crash are the same as the damages in car accidents without fatalities. Some of these damages include:
- Medical Bills: This includes bills for hospitalizations, surgeries, medications, treatments, therapies, and other medical expenses incurred between when the individual was injured and when they died.
- Funeral and Burial Expenses: This includes all costs associated with the funeral and burial of the individual that died as a result of the fatal car accident.
- Lost Income and Benefits: If the deceased individual provided financial support and security, the family can be compensated for the income and benefits they can no longer provide. This includes past and future wages, as well as benefits such as health insurance and retirement contributions.
- Loss of Companionship and Consortium: Losing a loved one is not just about money. This loss is also about the loss of love, companionship, and relationships. Loss of companionship is a non-economic damage, meaning there are no bills or W-2s to prove the value, but families may still ask for compensation for this devastating loss. Loved ones can seek damages for these areas of companionship such as consortium, comfort, guidance, counseling and support.
- Loss of Guidance and Support: This is meant to compensate for the loss of the deceased’s advice, support, and guidance in various aspects of life.
The damages that are unique to a fatal car accident include the funeral and burial expenses for the deceased. In some cases, families may also be able to ask for compensation for some future expenses, such as raising the deceased’s children or providing for a surviving spouse. These damages can be discussed with an attorney to learn more about if and how they may apply to a specific case.
Essential Evidence in Wrongful Death Claims
The family must be able to prove the at-fault party’s negligence, that their negligence caused the accident and the accident resulted in the loved one’s death, and that the family has suffered losses as a result of this death.
To prove these points, the family must have evidence. Essential evidence includes:
- Photos and videos of the accident and injuries
- Police reports
- Eyewitness statements
- Doctors’ testimony
- Accident reconstruction experts’ testimony
- Testimony from other experts, including physicians
- The deceased’s medical records and bills
- The deceased’s financial records
- Funeral and burial records
Who Can Bring a Wrongful Death Claim?
Missouri law dictates who can bring a wrongful death claim. RSMo § 537.080 specifies three classes who can bring wrongful death claims:
- Class One: This class includes the deceased’s spouse, children, grandchildren if their children are deceased, or parents. This includes natural and adoptive and legitimate or illegitimate family.
- Class Two: If there is no one in the first class to bring a claim, class two allows the deceased’s siblings or siblings’ descendants to bring the claim.
- Class Three: If there is no one in teh first or second class, class three allows the court to appoint a plaintiff ad litem to pursue the claim.
Only one claim can be brought for the same individual’s death, so family members must discuss and decide who, among the eligible parties, will bring the wrongful death claim.
How a Fatal Car Accident Lawyer May Assist You
Losing a loved one is never easy, whether you were in the same accident or not. While nothing can bring back your family member, you do have options to hold the liable party financially responsible for their negligent actions. An attorney may be able to assist you in collecting evidence, identifying the liable parties, and negotiating a fair settlement. If it becomes necessary, an attorney can also help you file a wrongful death lawsuit and represent you in court. Call Dickerson Oxton at (816) 542-6599 to schedule a consultation and learn more about your legal rights and options for pursuing compensation.