Who Can I Sue in a Wrongful Death Lawsuit in St. Louis, Missouri?

Losing a loved one due to someone else’s negligence is an unimaginable tragedy, and the emotional toll it takes on families can be overwhelming. If you’re navigating the difficult reality of a wrongful death, the added complexity of the legal process can feel like an additional burden in an already painful time. Understanding who can be held accountable for your loss is a crucial step towards seeking justice and compensation.

In this blog, we’ll explain who can be held liable in a wrongful death lawsuit, the types of claims you can pursue, and how to take the next steps toward seeking justice for your loved one.

who can You Sue in a Wrongful death Lawsuit?

In a wrongful death lawsuit, the defendant could be an individual, a business, or even a governmental entity. The key factor is proving that the defendant’s negligence or misconduct directly led to the death. Some of the most common defendants in wrongful death cases include:

• Drivers in Car Accidents: If a loved one dies due to a car accident caused by another driver’s negligence—whether from speeding, distracted driving, or driving under the influence—you may file a wrongful death claim against that driver.
• Medical Professionals: Doctors, nurses, and other healthcare providers can be sued if medical malpractice, such as misdiagnosis, surgical errors, or inadequate care, leads to the death of a patient.
• Manufacturers of Defective Products: If a defective product, such as a faulty vehicle component or a dangerous drug, causes death, the manufacturer, distributor, or retailer may be held liable.
• Property Owners: Unsafe conditions on a property that lead to fatal accidents, such as falls or fires, may make the property owner liable.
• Employers: If unsafe working conditions, lack of safety equipment, or failure to adhere to safety regulations result in a work-related fatality, the employer may be sued.
• Nursing Homes or Assisted Living Facilities: Negligence or abuse in long-term care facilities can result in wrongful death. The facility and its staff may be held accountable for poor care or abusive behavior.
• Government Entities: In cases involving government employees or agencies—such as fatal accidents with government vehicles or unsafe road conditions—a wrongful death claim can be filed, though these cases may be complex due to sovereign immunity laws.
• Bars or Restaurants: Under Missouri’s Dram Shop laws, you may be able to sue a bar or restaurant that over-served alcohol to a driver who caused a fatal accident.

Types of Wrongful Death Lawsuits You Can Pursue

When pursuing a wrongful death lawsuit, understanding the different types of claims is crucial:

• Negligence Claims: These arise from failures in reasonable care that lead to death, such as car accidents, medical malpractice, or slip-and-fall incidents.
• Product Liability Claims: These target manufacturers, distributors, or retailers of defective products that caused the death.
• Medical Malpractice Claims: These are specific to cases where a healthcare provider’s negligence results in death, including errors in diagnosis, surgery, or treatment.
• Premises Liability Claims: These involve deaths caused by hazardous conditions on someone else’s property, such as unsafe stairways or unmarked hazards.
• Dram Shop Liability Claims: These address deaths resulting from accidents involving intoxicated drivers, with claims against establishments that served alcohol to the visibly intoxicated.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri law allows certain individuals to file a wrongful death lawsuit, prioritizing the deceased’s immediate family. This includes the spouse, children (biological, adopted, or stepchildren), and parents. If none of these family members are available, siblings or their descendants can file the claim. In the absence of these family members, a personal representative of the deceased’s estate may file the lawsuit on behalf of the estate and its beneficiaries. 

Multiple family members from the same tier can join in the lawsuit if necessary, and legal disputes or complexities may require court intervention. It’s essential to act within Missouri’s three-year statute of limitations for wrongful death claims and consult an experienced attorney to guide you through this process.

Tyler Thompson: Your St. Louis Wrongful Death Attorney

I, Tyler Thompson, am dedicated to providing compassionate and expert legal guidance during one of life’s most challenging times. If you’ve lost a loved one due to someone else’s negligence, you deserve justice, and I am here to help you pursue it.

With over 16 years of experience in personal injury law, I have successfully handled many wrongful death cases in Missouri and will fight tirelessly to secure the compensation you deserve. 

Don’t wait — reach out to today to schedule your free, no-obligation consultation. I will guide you through the legal process and help you achieve justice for your loved ones.