Can I File a Wrongful Death Claim After a Missouri DUI Accident? - The Law Offices of Kevin Roach, LLC. | The Law Offices of Kevin Roach, LLC.

Can I File a Wrongful Death Claim After a Missouri DUI Accident?

It’s your worst nightmare: Someone you love is killed by a drunk driver. Suddenly, your whole world is turned upside-down, and you might be unsure what to do next. A Missouri wrongful death attorney can help you pick up the pieces and find closure.

  • Drunk driving accidents have devastating consequences. Beyond the loss of a loved one, you may face unexpected expenses.
  • A wrongful death claim can help you recoup some of your financial losses so you can focus on mourning. It can also cover lost income or extra childcare costs.
  • Evidence is important in pursuing a wrongful death claim. A Missouri wrongful death attorney can help you collect important evidence and file your claim properly.

The Aftermath of Drunk Driving Accidents

No one is prepared for the sudden death of a loved one. Surviving family members often feel like they’re on an emotional rollercoaster, which can make it hard to think rationally. 

Unfortunately, the loss of a loved one isn’t the only consequence of a drunk driving accident. The surviving spouse is suddenly faced with funeral costs and medical expenses at a time when they should be focused on grieving. 

The financial hits don’t end there. If the deceased had a job, you’ll have to think about how to replace their income. You may also need to pay for childcare if they were responsible for watching your children.

These unexpected expenses add up quickly, and they can be overwhelming to someone who has just experienced the death of a loved one.

Can a Wrongful Death Claim Help?

A wrongful death case is a lawsuit where families seek compensation after a loss. There are limitations for wrongful death claims. You must file one within a certain period, and you must be able to prove fault. 

While a Missouri wrongful death attorney can’t bring a loved one back, they can help bring peace to your family through the proper legal channels. Aside from loss of income, a successful wrongful death lawsuit might help your family with the following:

  • Medical bills: Though the family member died in the accident, they were still treated at the scene or taken to the hospital. If they were comatose or on life support before their death, these bills can add up fast.
  • Insurance payments: While insurance will help cover the costs of fixing or replacing a damaged car, you will still need to pay the deductible and copay.
  • Funeral expenses: If you want to bury your loved one in a cemetery, you must pay for a burial plot, casket, and headstone. Though cremation is more affordable, it still comes with a fee.

How to File a Wrongful Death Claim

If you want to file a wrongful death claim following a drunk driving accident, you’ll need to gather evidence against the negligent party. 

  • Evidence of impairment helps you prove the driver was intoxicated and should not have been driving. Get a copy of the police report from the scene and any breathalyzer or other sobriety test results. These will be key in proving recklessness.
  • Use evidence of previous negligence to build a stronger case. If the driver has a previous DUI conviction or was responsible for other car accidents, you can argue they had a pattern of recklessness.

Though a drunk driver may face fines and jail time for their actions, that doesn’t help your grieving family recover. Consult a Missouri wrongful death attorney to get started filing a wrongful death claim. Call The Law Offices of Kevin J. Roach, LLC at (636) 238-5848 today for a consultation.