Wrongful death lawsuit for car accident at a red light

Losing a loved one in a car accident caused by someone else's negligence is a heartbreaking experience. Missouri wrongful death laws allow surviving family members to seek compensation for their losses. This analysis provides a detailed legal overview of wrongful death lawsuits for car accidents caused by red light violations in Missouri.

Understanding Wrongful Death Claims in Missouri:

Missouri Revised Statutes § 537.080 allows surviving family members to file a wrongful death lawsuit if someone's negligence caused the death of their loved one. To win a wrongful death lawsuit, you must prove the following elements:

The death of your loved one: A death certificate is required as proof.
The defendant owed a duty of care: In Missouri, all drivers have a duty to operate their vehicles safely and follow traffic laws.
The defendant breached their duty: Running a red light is a clear violation of traffic laws and a breach of the duty of care.
Causation: The red light violation must have directly caused the accident that resulted in your loved one's death. Evidence such as police reports, witness statements, and traffic camera footage can be crucial here.
Damages: You must have suffered financial or emotional losses due to your loved one's death.

Proving Fault in a Red Light Accident Wrongful Death Case:

Police Reports and Accident Scene Investigations: Police reports often detail the cause of the accident and any citations issued. Accident scene reconstruction by experts might be necessary in complex cases.
Witness Statements: Witness testimonies can help corroborate how the accident occurred and whether the red light was indeed violated.
Traffic Camera Footage: Traffic cameras at intersections can provide strong visual evidence of a red light violation.

Damages Recoverable in a Wrongful Death Lawsuit in Missouri:

Medical expenses: This includes costs associated with treatment for injuries sustained before death.
Funeral and burial expenses: Reasonable costs associated with laying your loved one to rest.
Lost income and earning capacity: Compensation for the financial support your loved one would have provided if they hadn't died. This can include future earnings, benefits, and potential career advancement.
Loss of companionship and guidance: Compensation for the non-economic losses such as emotional distress, loss of love and companionship, and loss of parental guidance.

Shared Fault (Comparative Negligence) in Missouri:

Missouri is a pure comparative negligence state. This means that if the deceased is found to be partially at fault for the accident, their compensation will be reduced based on their percentage of fault attributed. For instance, if the jury finds the deceased 10% at fault, your overall compensation award will be reduced by 10%.

Wrongful Death Statute of Limitations in Missouri:

The statute of limitations for filing a wrongful death lawsuit in Missouri is generally three years from the date of your loved one's death (Mo. Rev. Stat. § 537.100). It's crucial to file your claim within this timeframe to avoid losing the right to sue.

Benefits of Hiring a Lawyer for a Red Light Wrongful Death Claim:

Investigating the Accident: A lawyer can conduct a thorough investigation to gather evidence proving the red light violation and the at-fault party's negligence.
Understanding Missouri Wrongful Death Laws: The intricacies of wrongful death lawsuits and the specific application of comparative negligence laws in Missouri require legal expertise.
Calculating Damages: A lawyer can accurately value your claim, considering both economic and non-economic losses.
Negotiating with Insurance Companies: Insurance companies may contest fault or try to minimize compensation. A lawyer can fight for the maximum compensation you deserve.
Emotional Support: During this difficult time, a lawyer can provide emotional support and handle the legalities, allowing you to grieve your loss.

Finding the Right Wrongful Death Lawyer in Missouri:

Look for a lawyer with experience handling wrongful death cases, particularly those involving car accidents and red light violations. They should be familiar with Missouri wrongful death laws and have a proven track record of success in obtaining fair compensation for families.

Remember: While no amount of money can replace your loss, a wrongful death lawsuit can help alleviate the financial burden and hold the at-fault party accountable. Consulting with an experienced lawyer in Missouri can significantly increase your chances of receiving fair compensation during this challenging time.