My Grandmother Died in a Car Accident, Can I Sue?

Often, we lose the elderly people in our lives through no one’s fault at all. Sometimes a heart attack, sometimes
cancer, sometimes just “old age.” Occasionally we are faced with the difficult decision of what to do if someone
elderly in our lives dies due to someone else’s negligence – meaning our loved one’s death was caused by an
individual or individuals who are responsible for his or her death.

Whether occurring as the result of a motor vehicle accident, a doctor’s mistake, or a nursing home’s mistake, such a
tragedy can prove a challenge when the family wants to hold the at-fault person responsible. The first question that
may come to mind is, what can I do?

A standard answer to such a question is to file suit. Various other options may be available, such as reporting a
doctor to an investigatory committee or agency. If the family is seeking compensation for their loved one’s loss,
the best option is to file suit. The next question that comes to mind is who can file a lawsuit?

Missouri has a statute (Section 537.080) that sets forth three classes of plaintiffs who may
bring suit.

The classes offer a descending order of priority: class 1 plaintiffs can sue; if no one exists in class 1, then class
2 plaintiffs can sue, and if no one lives in class 1 or class 2, then class 3 plaintiffs can sue. This discussion
explains a further division within the eligible class 1 plaintiffs.

The statute says suit can be brought “by the spouse or children or the surviving lineal descendent of any deceased
children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or
adoptive.”

To answer the question at the top, if your grandma died in a car accident, you might be able to sue, but only if your
parent, who was her child, has already passed. If your mother or father has not died already, you cannot be the only
plaintiff named in the suit. Your parent will need to be also named. For many families, this will not be an issue.

However, if there is a dispute over whether to file a suit or if the parent and child are estranged, this can cause
conflict to keep in mind when deciding about filing a lawsuit and pursuing compensation.

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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