Fatal Car Accidents

Kansas City FATAL CAR ACCIDENTS Attorney

Providing Compassionate Counsel for Car Accident Deaths

According to the National Safety Council, more than 40,000 people died due to automotive fatalities in 2017 alone, and that number represents an alarmingly steady increase since 2015. With the rise of distracted driving due to texting, drivers face a higher risk of fatality on the roads today.

If your loved one was one of the many victims killed in a tragic car accident this year, you may be entitled to recovery for your losses, which can be significant. The legal team at DiPasquale Moore is intimately acquainted with the civil process and has 100 years of combined experience standing up to negligent drivers.

Call DiPasquale Moore at (888) 743-1030 for a free consultation on your fatal car accident case. You can also learn more about our past case results here.

What is The Differences Between Wrongful Death and Personal Injury in Car Accidents?

Wrongful death lawsuits are grounded in nearly identical principles to their better-known relatives – personal injury cases. As with personal injury, the liability for a wrongful death depends greatly on the statutes of your state’s civil code, and it varies from state to state. There are also specific rules about who can file these cases, and when they are legally acceptable.

In order to prove someone is liable for wrongful death damages in Missouri, the following must be true about your loved one’s fatal car accident:

  • The person who died could have pursued a personal injury case. To meet this requirement, you must demonstrate that the other driver owed a “standard of care” to your loved one, but the standard was violated and ultimately led to your loved one’s death.
  • The death was caused by another’s wrongful act, or the omission to act. For car accidents, this provision could apply to any number of negligent actions. Some of these include driving under the influence of alcohol and/or failing to observe speeding laws. Missouri is known as a “pure comparative negligence” state, which means negligence can be assigned to multiple parties in a car accident. For example, if it’s decided that the other driver was 80% responsible for the crash, but your loved one was about 20% responsible too, the other driver must pay damages at an 80% rate of the total.
  • You are legally allowed to submit a claim on your loved one’s behalf. This portion of Missouri law is exceptionally complicated. Spouses, children, and parents are considered class 1 persons, and these are considered to have the strongest claims in a wrongful death case. If there are no class 1 individuals, a sibling or sibling’s child can bring an action. A plaintiff ad litem (which is appointed by the court) can only bring a case if no one in the previous categories can sue.

What is the Statute of Limitations on Fatal Car Accident Claims in Missouri?

If you pursue a wrongful death case for the deceased’s car accident, make sure the circumstances comply with the requirements above, andthat the accident happened within 3 years of filing your wrongful death petition in Missouri (Missouri Stat. 537-100). Reviewing relevant records and documents with a skilled attorney is the best way to confirm you have a solid case.

What Damages Can I Seek in a Fatal Car Accident Suit?

The death of a loved one is always traumatizing, but in the event of a sudden accident, the loss is felt exceptionally deeply. The monetary compensation awarded by a court can vary greatly for direct damages like repair costs, as these are not limited or “capped.” More intangible or “non-economic” damages like mental anguish are capped at $700,000 in Missouri.

The most common damages pursued in a fatal car accident lawsuit include:

  • Burial and funeral costs
  • Medical expenses
  • Loss of income, in the form of future wages
  • Severe emotional trauma
  • Loss of parental, filial, or marital care
  • Repair and replacement costs for damaged cars and parts

Contact DiPasquale Moore to schedule your free consultation. We have offices in Kansas City, Columbia, Topeka and St. Louis.

Achieving Big results for Our Clients

Check Out our Recent Case Victories
  • $135,000 Motor Vehicle Accident
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Benefits that Set Our Firm Apart from the Rest
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  • We are dedicated to professionalism and high-quality legal representation
  • We offer each prospective client a free consultation
  • Our attorneys have over 100 years of collective legal experience

READ WHAT OUR CLIENTS SAY

Devoted to Injured Victims Across Missouri & Kansas
    Highly recommend Spencer Phillips and Cortlin Kenowith!

    “Highly recommend Spencer Phillips and Cortlin Kenowith! Will use for all my personal injury needs.”

    - G.M.
    You got me what I deserved!

    “I loved working with you. You for me what I deserved! You worked very hard on my case. I give you a 5-star review - very fast & efficient. No problem at all, I would use you in the future.”

    - A.W
    5 stars, communicative and supportive throughout the entire process.

    “5 stars, communicative and supportive throughout the entire process. After the car crash, I could not move my neck and felt pain in my back and shoulder. Michael connected me with a chiropractor who ...”

    - M.P.
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    “Thank you so much for all the help you have done. It was really good working with you. You were the best!”

    - A.S
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    “Spencer Phillips is a terrific colleague. I couldn't recommend a more hard-working personal injury attorney. Honored to know him in the legal profession.”

    - B.S

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