Columbia Fatal Car Accident Lawyer

Auto accidents are one of the leading causes of accidental death nationwide, alongside poisoning and falls, and unfortunately, every new bit of data collected about fatal auto wrecks seems to suggest that the problem is getting worse over time instead of better. On top of that, most traffic collisions could have been prevented entirely were it not for the negligence of just one person involved, and learning your family member lost their life specifically through someone else’s misconduct can add insult to immense injury.

There is no amount of money that can completely make up for a family member passing away before their time, as any experienced wrongful death attorney knows all too well. That said, seeking fair civil compensation with the help of a compassionate Columbia fatal car accident lawyer could be key to protecting your family’s best interests in the years to come.

Proving Someone Else Liable for a Fatal Auto Accident

Importantly, the fact that someone passed away as a direct result of a traffic accident does not automatically make every other person involved in that accident legally liable for its consequences. Missouri follows a comparative negligence system, which requires a judge or jury to determine the percentage of fault each party is responsible for if there is a dispute about who the negligent driver was.

Legally actionable negligence in this context can be as overt as someone speeding, running a red light, or driving drunk, or as subtle and unintentional as someone glancing away from the road at just the wrong moment. Either way, establishing how a specific negligent act was the main and direct cause of a fatal injury will be the focus of every successful lawsuit along these lines, and it is one of many things that a skilled Columbia fatal car accident attorney could provide irreplaceable assistance with.

Special Rules for Wrongful Death Litigation

The right to file a wrongful death lawsuit in the name of someone who passed away due to a third party’s misconduct falls first to the deceased person’s surviving spouse, parent(s), child(ren), or grandchild(ren). If none of those parties survive to pursue a claim, the deceased person’s surviving siblings and their descendants gain the right to sue. If no surviving family members exist in those categories, the court may appoint a plaintiff ad litem to file suit at the request of someone who stands to benefit from filing the claim.

Regardless of who actually starts the legal process, they typically have a maximum of three years to file suit after the deceased person’s date of death, in accordance with Missouri Revised Statutes §537.100. This is notably two years shorter than the five-year filing period allowed for most claims over non-fatal auto accidents, so it can be particularly important to contact a lawyer quickly in the aftermath of a fatal car crash in Columbia.

A Columbia Fatal Car Accident Attorney Could Help

While automotive safety and design have both advanced by leaps and bounds over the past several decades, high-speed collisions can still and unfortunately still do have deadly consequences every day across the United States. If your family has lost a loved one through a wreck that was someone else’s fault, you may have grounds to seek recovery for the harm you have suffered and will suffer because of that loss—but only if you understand and can effectively enforce your rights under state law.

Support from a seasoned Columbia fatal car accident lawyer could make all the difference in how your claim goes for you and what compensation you are able to obtain through it. Schedule a free confidential consultation by calling today.