Do I Have a Right to Any Payout in a Wrongful Death Suit if I Was the Driver in a Fatal Accident in Missouri?

Question from Rock, Do I Have a Right to Any Payout in a Wrongful Death Suit if I Was the Driver in a Fatal Accident in Missouri?

Answer from AI:

In general, the right to recover damages in a wrongful death lawsuit is typically reserved for the deceased person’s surviving family members or dependents. This usually includes spouses, children, and sometimes parents. However, the specifics can vary depending on the circumstances of the case and the laws of the jurisdiction.

Missouri Wrongful Death Laws

Under Missouri law, the right to file a wrongful death claim is primarily given to the deceased person’s spouse, children, or grandchildren. If none of these exist, the deceased person’s parents, siblings, or nieces and nephews may file the claim.

Insurance Coverage and Liability

In terms of insurance coverage, if your neighbor’s vehicle was insured, their insurance policy might cover damages resulting from the accident, depending on the specifics of the policy. However, this does not necessarily mean you would be entitled to any payout. The insurance payout typically goes to the person who suffered the loss, in this case, the person filing the wrongful death claim.

Driver’s Rights in a Wrongful Death Claim

As the driver involved in the accident, your rights in a wrongful death claim would largely depend on the circumstances of the accident and your relationship to the deceased. If you were found to be at fault for the accident, you could potentially be the defendant in the wrongful death lawsuit, rather than a party entitled to recover damages.

Legal Advice is Crucial

It’s important to consult with a legal professional to understand your rights and potential liabilities in this situation. A lawyer can provide personalized advice based on the specifics of your case and the applicable laws in your jurisdiction.

Steps to Take

If you find yourself in this situation, you might want to:

1. Consult with a lawyer to understand your rights and potential liabilities.
2. Review the insurance policy of the vehicle you were driving to understand what is covered.
3. Cooperate with any investigations into the accident.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.