Q Can I File a Wrongful Death Suit for Someone Killed By a Drunk Driver?
A wrongful death occurs when a person is killed because of the negligence or misconduct of another, and drunk driving does fall under this jurisdiction.
In most states, only the members of the decedent’s family may file a wrongful death claim, though in some areas, this right can include extended family members, like grandparents.
In Missouri, if a loved one is the victim of a drunk driving accident, the surviving spouse, children, grandchildren or parents can bring a wrongful death suit. The parents and siblings of the deceased may also bring suit. Compensatory damages for medical bills, funeral expenses, etc. are not capped. But Missouri does cap non-economic damages at $350,000.
Kansas allows a suit to be filed against the drunk driver, or against the estate if the driver is deceased. The states allows any of the heirs of the victim to file a wrongful death claim in court, including spouse, children, parents or grandparents, and siblings. Compensatory damages for medical bills, funeral expenses, etc. are not capped. But Kansas does cap non-economic damages at $250,000.
The importance of this research can't be minimized, as it’s unlikely that the drunk driver will admit fault, particularly if he or she has already been briefed by their own attorneys or insurance company.
Be aware of the statute of limitations in your state. If you don’t seek damages in time, you may lose your rights to compensation. Our attorneys can help. We work with victims of drunk driving accidents to launch wrongful death claims when necessary.
Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.