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.
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.