Can You Sue After a Loved One Dies in a Car Accident? Your Legal Rights Explained

After a fatal car crash, families are left with grief, confusion and a lot of unanswered questions. One of the most common is: Can I sue?

If someone else’s negligence caused the crash, you may have the right to file a wrongful death lawsuit (to see the basics of this concept of wrongful death, see this blog post). Wrongful death claims allow certain family members to seek compensation for the emotional and financial losses that follow a preventable tragedy.

What makes a car accident eligible for a lawsuit?

To sue, you must show that the other party acted carelessly or broke the law. This includes reckless driving, distracted driving, driving under the influence or violating traffic rules.

Who can sue in Arkansas, Missouri or Colorado?

In most states, immediate family members like spouses, children or parents can usually file a wrongful death claim. However, there are specific rules in Arkansas, Missouri and Colorado.

In Arkansas, the personal representative of the deceased person’s estate has the power and right to bring a case to court. A personal representative is the person legally responsible for managing the deceased’s estate during the probate process. Basically, your closest loved one is going to bring your case to court. That person can be anyone, but it is most likely going to be the surviving spouse or next of kin. If there is no personal representative or no estate, then the deceased’s heirs are next in line.

In Missouri, it’s based on familial connection designated by classes – Class 1 is the surviving spouse, then child, then grandchild; Class 2 is siblings; If there is still no one, Class 3 kicks in, and the court will appoint a plaintiff ad litem, or personal representative. And, in claims that involve the death of the child, parents can bring the lawsuit.

Again, all state laws are different. For example, in Colorado, designation is based on years after death. In the first year, the surviving spouse has exclusive rights to file. In the second year, the surviving spouse, child, or designated beneficiary may file. It wasn’t until 2025 when siblings could file if no other eligible parties exist.

What can you recover?

Damages in these cases often include:
- Funeral and burial expenses
- Lost income or benefits the deceased would have provided
- Medical bills related to the fatal injury
- Loss of companionship and emotional suffering

How long do you have to act?

Time limits vary, which is why it is important to consult with an attorney to identify a timeline that works in your favor. We are ready to walk through your options – call us at 501-868-7500 for a free consultation today!

It’s hard to think about legal action while grieving, but understanding your options can empower you to make informed decisions. Speak with a compassionate attorney to see if filing a lawsuit is right for your situation.

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🌐 Visit: www.ludwiglawfirm.com

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. To get legal guidance tailored to your situation, please contact our office directly.