Last year, over 25,000 Americans were killed in a car accident, leaving behind loved ones whose lives are forever changed.
When we kiss a loved one goodbye each day, we don’t think about the possibility of it being a last kiss, but unfortunately for some it is. Last year, over 25,000 Americans were killed in a car accident, leaving behind loved ones whose lives are forever changed. There is no monetary amount that can be placed on losing someone close to you, but in some instances a family may feel the need to make the person responsible for the accident pay for their loss. It does not have to be a financial loss to the family that is compensated, loss of a close relationship is just as damaging, if not more so. If you have lost the companionship of someone in your family by the reckless actions of a motorist, contact a car accident attorney and ask what options are available to you.
Compensation in Missouri
Prior to 1979, Missouri law stated that only monetary losses could be recovered in the event of a family members’ untimely death. The state Supreme Court amended that to allow for compensation for non pecuniary losses. They explained that a defendant should not be allowed to get away with wrecking a home and depriving its surviving members of the comfort, care, and support that the deceased used to provide. They went on to say that there is no way for lawmakers to put a monetary amount on this type of loss. That last point is important, as it means that unlike other states, Missouri has no cap on the amount of compensation a family can receive for non pecuniary losses.
Spouses, children and parents of the deceased are those most likely to file a claim of this nature. The role that the deceased played in their lives will be scrutinized and valued. The type of activities you participated in together, the amount of advice that they offered family members, and their contribution to the household in general will all be examined. When there are surviving children, then the loss of moral upbringing, guidance, and tutelage will also be a consideration. The amount awarded must be based on the past actions and conduct of the deceased. A Missouri car accident attorney can help you gather all evidence required to demonstrate the importance of the role your loved one had in your life.
Missouri Wrongful Death Lawsuits
The 26-year-old son of a man killed in a car accident out in Dekalb County, filed a wrongful death suit against the driver of the other vehicle and his employer. His sole claim for damages was based on the loss of his relationship with his dad. He did not seek compensation for any economic loss. There were some issues proving liability, but with eyewitness testimony to contradict the police report, lawyers for the defendant agreed to a $600,000 settlement.
Missouri Wrongful Death Attorney
Even the statutes recognize that no tangible amount can be placed on a persons’ life or their contribution to yours. Yet there are statute of limitations on filing a wrongful death law suit, so if you have recently lost a family member in a car accident you should contact a Missouri car accident attorney as quickly as possible.
To schedule a free consultation with an attorney, call (314) 361-4242.
photo credit: wickenden