All Questions

May 7, 2020 | Gary Burger

Can I Sue If a Family Member Dies in a Car Accident?

The death of a family member is horrible, and it is even more devastating when it occurs due to the negligence of another person in a car accident. In addition to dealing with sudden grief, surviving family members have to navigate paying for the deceased's medical bills, funeral, and burial expenses that often, families aren't prepared for financially.

In this FAQ, we’ll discuss who is eligible to sue for the death of a family member, what damages can be recovered with a wrongful death claim, and how you can sue the person responsible for the death of your loved one in a car accident. If you have questions about why you should hire a car accident lawyer in St. Louis to represent your wrongful death case or other concerns about your case, call 314-542-2222 or 618-272-2222 for a free consultation.

Who Can Bring a Wrongful Death Car Accident Claim?

Death is a traumatic and irreversible circumstance that money cannot compensate for. But compensation can help surviving family members manage their deceased loved ones' lingering medical bills, lost wages, funeral/burial expenses, and pain and suffering that might be causing a burden on the family's life while they're in mourning.

Each state has its own wrongful death statute, but in Missouri and Illinois, the surviving family members can bring a wrongful death claim for the loss of a family member in a car accident within three years of the accident. Eligible family members include spouses, children, and parents of the deceased, but in the case that none of those parties are available, the deceased's siblings might be able to file a claim.

How Can I Sue for Wrongful Death Damages?

Most wrongful death statutes allow for the surviving family members of a person killed in a car accident that was someone else's fault to sue the negligent corporation or person responsible for the situation. If your spouse, child, or parent was killed in a car accident, and it was another driver's fault, you can bring a wrongful death claim. To bring a wrongful death claim, you'll need proof of the other party's negligence (police report, photos, witness reports), proof of the victim's death (autopsy, death certificate), and representation from an experienced attorney to recover the maximum settlement for your wrongful death claim.

If you lost a close family member in a car accident that was caused by another person's negligence, and need a wrongful death lawyer in St. Louis, Burger Law can help. Burger Law provides the highest quality legal representation to car accident victims and their families in Missouri and Illinois. If you need help gathering evidence, protection from the other party involved, and bringing a claim, our wrongful death lawyers in St. Louis can help. Call or contact our attorneys at 314-542-2222 or 618-272-2222 for a free case review.