How to Pursue a Wrongful Death Claim After a Fatal Drunk Driving Accident

The pain of losing a loved one due to the actions of a drunk driver can be unbearable. Beyond the emotional devastation, families often face mounting medical bills, funeral expenses, and lost income. While no amount of money can bring back your loved one, pursuing a wrongful death claim serves multiple purposes.

A wrongful death claim can hold drunk drivers accountable for their reckless actions, provide financial support for surviving family members, and send a clear message that society will not tolerate such dangerous behavior. Without legal representation, insurance companies and opposing counsel may try to minimize your claim or deny it entirely. Having experienced wrongful death attorneys on your side levels the playing field and maximizes your chances of receiving fair compensation. 

At Denning Law Firm, LLC, we understand the weight of these challenges and are ready to help you seek justice and compensation. Located in Overland Park, Kansas, we serve clients in Kansas City, Missouri, and Kansas City, Kansas.Our formidable father-daughter legal team offers the kind of personalized attention and aggressive representation that makes a real difference in complicated wrongful death claims. 

Understanding Wrongful Death Claims in Drunk Driving Cases

Wrongful death occurs when someone dies due to another person's negligent, reckless, or intentional actions. In drunk driving fatalities, the intoxicated driver's decision to operate a vehicle while impaired constitutes gross negligence. This creates legal grounds for surviving family members to pursue compensation for their losses. 

These cases often involve multiple defendants beyond just the drunk driver. Bars, restaurants, or social hosts who served alcohol to visibly intoxicated individuals may also bear responsibility under dram shop laws. If the drunk driver was working at the time of the accident, their employer could also face liability. 

The damages available in a wrongful death claim typically include medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have earned, loss of companionship and guidance, and pain and suffering experienced by surviving family members. In cases involving particularly egregious conduct, such as drunk driving, the courts may also award punitive damages designed to punish the wrongdoer and deter similar behavior. 

Missouri Wrongful Death Laws

Missouri law allows specific family members to file wrongful death claims when someone dies due to another person's wrongful act or negligence. The deceased person's spouse, children, parents, or siblings can bring these claims, with priority given to spouses and children. 

Under Missouri Revised Statutes Section 537.080, wrongful death claims must be filed within three years of the death. However, this timeline can vary in certain circumstances. 

Missouri follows a pure comparative fault system, meaning that even if the deceased person bears some responsibility for the accident, their family can still recover damages. The compensation will be reduced by the percentage of fault attributed to the deceased, but it won't eliminate the claim. 

The state also recognizes dram shop liability under Missouri Revised Statutes Section 537.053. If a business sells alcohol to a visibly intoxicated person who then causes a fatal accident, that establishment may face liability alongside the drunk driver. This can significantly increase the potential compensation available to surviving family members. 

Missouri caps non-economic damages in wrongful death cases at $400,000, but this limit doesn't apply to economic damages like lost wages and medical expenses. In cases involving particularly egregious conduct, such as drunk driving, courts may award punitive damages without statutory limits. 

Kansas Wrongful Death Laws

Kansas wrongful death law, codified in Kansas Statutes Section 60-1901, permits surviving spouses, children, and parents to file wrongful death claims. If none of these family members exists, the personal representative of the estate may bring the action on behalf of the next of kin. 

The statute of limitations for wrongful death claims in Kansas is two years from the date of death, which is shorter than Missouri's three-year limit. This compressed time frame makes immediate legal action critical for Kansas families. 

Kansas follows a modified comparative negligence rule. If the deceased person bears less than 50% of the fault for the accident, their family can still recover damages. However, if the deceased is found to be 50% or more at fault, the family cannot recover anything. This makes thorough investigation and strong legal representation vital in these cases. 

The state's dram shop law, codified in Kansas Statutes Section 41-719, holds alcohol retailers liable when they sell to minors or obviously intoxicated persons who then cause injury or death. This creates additional avenues for recovery beyond suing the drunk driver directly. 

Kansas doesn't cap economic damages in wrongful death cases, but it does limit non-economic damages to $250,000. However, this cap can be increased to $500,000 in cases involving particularly heinous conduct, which drunk driving often qualifies as, given its preventable nature and complete disregard for public safety. 

How to File a Wrongful Death Claim

Filing a wrongful death claim can feel challenging, especially when you're mourning the loss of a loved one. To guide you through this process, there are specific key steps you should take when pursuing a wrongful death claim in Kansas and Missouri.

1. Consult an experienced wrongful death attorney: The first step is to consult an experienced wrongful death attorney. An attorney will guide you through wrongful death laws in Kansas and Missouri, so that your claim is filed correctly and within the applicable statute of limitations.

2. Determine eligibility to file the claim: In both Kansas and Missouri, only specific family members or representatives of the deceased's estate are eligible to file a wrongful death claim. Your attorney will help confirm your eligibility based on state laws.

3. Gather evidence and documentation: Building a compelling case hinges on the strength of the evidence you can gather. This includes police reports, medical records, toxicology results, witness statements, and any documentation of the drunk driver's activities leading up to the accident. If dram shop liability is involved, additional evidence, such as credit card receipts or security footage, may be necessary.

4. Calculate damages: Work with your attorney to assess the full scope of damages, including medical expenses, funeral costs, lost income, loss of companionship, and non-economic damages like pain and suffering. In cases of egregious conduct, punitive damages may also be pursued.

5. File the claim within the statute of limitations: Kansas and Missouri have different deadlines for filing wrongful death claims—two years in Kansas and three years in Missouri. Missing these deadlines can result in losing your right to compensation, so timely action is critical.

6. Negotiate with insurance companies: Most wrongful death claims begin with negotiations with the insurance companies representing the drunk driver or other liable parties. Your attorney will handle these negotiations to make sure you receive a fair settlement.

7. Prepare for trial if necessary: If a fair settlement cannot be reached, your attorney will file a lawsuit and prepare to take your case to trial. Juries often respond strongly to drunk driving cases, which can lead to substantial awards, including punitive damages.

Building a Strong Wrongful Death Case

Filing a successful wrongful death claim requires thorough investigation and compelling evidence. Our attorneys can help you gather police reports, accident reconstruction analyses, toxicology results, and witness statements to establish the drunk driver's impairment level and demonstrate how their negligence caused the fatal accident. 

Medical records from the emergency room and any treatment facilities provide essential documentation of your injuries and medical expenses. We also work with economic professionals to calculate the full extent of your financial losses, including the deceased person's future earning potential and the value of household services they provided. 

In cases involving potential dram shop liability, we investigate the drunk driver's activities leading up to the accident. Security footage, credit card records, and witness testimony can help establish whether bars or restaurants over-served alcohol to the impaired driver. 

Wrongful Death Attorneys Serving Missouri and Kansas

At Denning Law Firm, LLC, Attorneys William Denning and Paeten Denning have built their practice as an unstoppable father-daughter legal team. When your family's future hangs in the balance, you can count on this dynamic duo to fight tirelessly for your rights. We embrace challenges and rise to meet them head-on. If you need bold representation that refuses to take shortcuts, we're ready to help.

Your family's voice matters, and your rights demand protection. Contact us today for experienced legal representation and support in Kansas City, Missouri; Kansas City, Kansas; and Overland Park, Kansas.