Can You Sue Someone’s Estate for Wrongful Death?

If a person’s negligent actions are to blame for your family member’s death, under a state’s wrongful death laws,
your family can sue the negligent party for damages. But, what happens if the person responsible for your loved
one’s sudden death is deceased? Often, this brings about questions such as, “can you sue someone’s estate for
wrongful death?,” “how do you sue someone’s estate?” and, “who can sue someone’s estate for wrongful death?”

In this FAQ, our wrongful death lawyers in St. Louis will discuss who can sue a person’s estate for wrongful death,
what you need to sue someone’s estate, and how you can sue a person’s estate for the wrongful death of a loved one.
If you are wondering, “Can I sue someone’s estate for wrongful death?,” or have other questions about filing a claim
against someone’s estate, call or contact Burger Law at 314-542-2222 or 618-272-2222. We don’t charge any
fees for our consultations, and we never ask for any attorney fees unless we win damages for your claim.

Can You Sue the Estate of a Deceased Person for Wrongful Death?

When a person dies, all of the property and assets that they possessed while alive are listed under the deceased’s
estate. An estate is represented by the personal representative of a victim, most often, the victim’s spouse,
child, or parents. Personal representatives are responsible for allocating the deceased’s estate to the correct
parties, including those listed in the person’s will, and handling claims against the deceased’s estate from debt
collectors, attorneys, and other parties.

If your family is struggling with the death of a family member caused by another person’s negligence, and you are
wondering, “Can I sue the estate of a deceased person for wrongful death?” the answer is yes, but there are rules
for suing a person’s estate. When suing someone’s estate, there are limitations on who can sue for wrongful death,
how long a person has to sue an estate for damages, and elements that need to be present when suing an estate for
wrongful death.

The statute of limitations for suing an estate is different in every state. In Missouri, the time limit for suing a
person’s estate for wrongful death is within six months of the estate going into probate. Probate is the
process that an estate goes through before dispersing a person’s will. During the first six months of probate,
claims against a person’s estate are assessed and either approved or denied. When making a wrongful death claim
against a person’s estate, it’s essential to have proof of:

• Your loved one’s death (autopsy, police report, death certificate)
• The estate holder’s responsibility for your family member’s death (police report, medical report, witnesses)
• Your eligibility to sue for your loved one’s wrongful death – a personal representative must be the victim’s
  spouse, child, parent, or if none of these parties are available, the victim’s sister or brother
• Damages that your family incurred because of your family member’s death

If you are thinking about suing someone’s estate for wrongful death, you are going to need a lawyer. Suing an estate
for wrongful death requires extensive knowledge of Missouri’s legal process, wrongful death laws, and experience
negotiating damages. Without an attorney by your side, you could miss the time frame for filing a wrongful death
claim, risk having your claim denied, or recovering fewer damages for your wrongful death claim in St. Louis.

How Long Do You Have to Sue an Estate for Wrongful Death?

If you are considering filing a wrongful death claim against an estate, it’s important to take action promptly.

In most cases, there is a time limit, or statute of limitations, for filing a wrongful death claim. In Missouri, this statute of limitations for wrongful death is three years, and this applies to claims against an estate, as well. 

Remember, time is of the essence when it comes to pursuing a wrongful death claim against an estate. Don’t hesitate to reach out to a skilled St. Louis wrongful death attorney who can help you understand and navigate the legal requirements to ensure you don’t miss any critical deadlines in seeking justice for your loved one.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Schedule a free case evaluation here.

Gary Burger

Litigation attorney

What Damages Can You Obtain in a Wrongful Death Claim?

Anyone entitled to file a wrongful death claim may receive various types of damages which fall into any of the following categories:

• Damages suffered by the injured victim while alive
• Damages suffered by the plaintiff as a result of the death of their loved one

Here are a few examples of damages you can obtain in a wrongful death claim:

Medical Expenses

If the decedent received emergency medical care or incurred other medical expenses, you could obtain damages as compensation for losses on their behalf. Treating an injury is expensive, so the injured victim deserves compensation.

Examples of medical expenses you could recover in a wrongful death claim include:

• Medication
• Ambulance services
• Diagnostic tests
• Emergency room costs
• Surgeries
• Hospitalization costs

Lost Wages

Before their consequential death, the injured victim may have missed work due to the extent of the injury. In other instances, an injured worker can work at a reduced capacity, affecting their income.

Even after the death of the decedent, their loved one may qualify to receive compensation for the income they would have earned if the accident didn’t alter their ability to earn.

Loss of Future Wages

Some loved ones, particularly the surviving spouse or children, may seek compensation for the loss of anticipated wages in a wrongful death lawsuit. The loss of future wages compensates the loved ones who relied on the decedent for financial support.

Funeral Costs

Funeral costs are one of the losses incurred by loved ones after the death of a decedent. During grief, the affected family may lack the strength to find the best value for caskets and funeral services. 

As a result, funeral costs quickly add up, which can overwhelm their finances. That said, a wrongful death claim often includes the cost of laying the decedent to rest.

Loss of Consortium

When an injured victim dies, the surviving loved one suffers a loss of intangible benefits in a relationship. Loss of consortium is a legal term describing the deprivation of benefits an intimate or familiar relationship offers.

Suppose a passenger is wrongly killed in a car accident. In that case, the victim’s family member may no longer share the same intimacies with the victim. 

Generally, the loss of consortium benefits compensates for the loss of:

• Companionship
• Love
• Comfort
• Sexual intimacy
• Affection

Punitive Damages

Punitive damages are an option in a wrongful death lawsuit if the defendant acted recklessly or intentionally, leading to the injury or physical harm of the injured victim. Courts or juries award punitive damages.

The court can award punitive damages as a form of specific deterrence to discourage the defendant from engaging in the misconduct again.

Wrongful Death Lawyers in St. Louis

Suing someone’s estate for wrongful death is a complex process that can take months of negotiating back and forth
with the other party’s legal defense. When you need help suing the person responsible for your loved one’s death,
Burger Law is ready to help. Our wrongful death lawyers in St. Louis have recovered damages for countless victims in
Missouri and Illinois, and can provide you with resources you need during this challenging time.

If your family member was killed because of another person’s negligence, and you aren’t sure how to sue the negligent
party’s estate for damages, or want more information on our recent case
results, call or contact our wrongful death lawyers in St. Louis at 314-542-2222 or 618-272-2222. We don’t charge any
fees for our consultations, and we never ask for attorney fees unless we win compensation for your case.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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