Who Can File a Wrongful Death Lawsuit?

A loved one passing away because of someone else’s negligence is one of the most devastating experiences a person can face. In these heartbreaking situations, surviving family members are often left to contend with emotional trauma and financial burdens.

A wrongful death lawsuit can aid families in seeking justice and financial compensation—but not everyone is eligible to file.

If you’re navigating this painful journey, Brown & Brown, LLP is here to guide you. For more than 30 years, brothers Dan and Ed Brown have dedicated their firm to helping families throughout St. Louis and Illinois find answers, accountability, and peace.

Wrongful Death Lawsuits Explained

A wrongful death lawsuit is a civil claim brought when someone dies due to another party’s careless, reckless, or intentional actions. Common causes include:

• Motor vehicle accidents
• Workplace incidents and construction injuries
• Slip and fall accidents
• Dangerous products or medications

These claims allow eligible survivors to recover damages such as funeral expenses, loss of income, loss of companionship, and emotional suffering.

Who Has the Right to File?

Wrongful death laws vary by state, but in general, the following individuals may be eligible to file:

• Spouses: They typically have the primary right to file a claim.
• Children: Adult and minor children can often bring a case, especially if there is no surviving spouse.
• Parents: They may file if their child was unmarried or had no children.
• Estate Representatives: In some cases, a personal representative (executor) of the deceased’s estate may file on behalf of all beneficiaries.

In Missouri and Illinois, the order of priority and eligibility is defined by statute. Consulting with an attorney is the best way to determine who can take legal action.

Why Legal Guidance Matters

Wrongful death cases are emotionally complex and legally challenging. They often involve high-stakes questions about liability, compensation, and accountability.

Navigating these claims requires in-depth knowledge of state laws, as well as the ability to gather compelling evidence, build a strong case, and effectively negotiate or litigate on behalf of the grieving family.

An experienced wrongful death attorney, like those at Brown & Brown, can ensure your rights are protected, your voice is heard, and the process is handled with care and professionalism.

Let Brown & Brown Help You Seek Justice

The team at Brown & Brown understands that this process is about more than money. It’s about closure, healing, and honoring your loved one.

We are passionate advocates who won’t back down from a fight. Contact us today by calling 314-333-3333 or 573-333-3333 (St. Louis) or 618-888-8888 (Illinois) to schedule your free consultation.