Can I Sue if My Loved One Was Killed by a Drunk Driver? When a family members is killed because of somebody else’s terrible and selfish decision to drive drunk, you are entitled to financial compensation through a wrongful death claim. While our fatal car crash lawyers know that nothing can truly compensate you for the death of a loved one, we fight hard to make sure you get the justice and financial support you need. If the unimaginable has happened to your family, call Halvorsen Klote Davis today at (314) 451-1314 or contact us online for a free case review.
Who Can File a Wrongful Death Claim?
Typically, the only people who can file a wrongful death claim are people that are closely related to deceased. In Missouri, according to Revised Statute §537.090 a surviving spouse, parents or children can make a claim. If none exist, then a brother or sister, grandchildren or other relatives can make a claim. Sometimes, if no close relatives exist, the court can appoint someone to make a claim on the deceased’s behalf.
In Illinois, 740 ILCS 180/2 states that a surviving spouse or next of kin, meaning the closest living relative, may file a claim.
What Compensation is Available in a Wrongful Death Claim?
The compensation you receive will be for a combination of any economic toll your loved one’s death has taken on your family, and loss of emotional support and the relationship you had with them. Missouri and Illinois each define the compensation available a little differently:
Missouri
According to Missouri Revised Statute §537.090, you can receive damages for the reasonable value of:
- Funeral expenses
- Lost income
- Reduced capacity for future income
- Medical expenses from the time of the injury until death
- Loss of consortium
- Loss of companionship
- Comfort
- Instruction or guidance
- Counsel
- Training
- Support
- Any damages the deceased would have been entitled to had they not died
Illinois
According to 740 ILCS 180/, juries can award the damages from they “deem fair and just,” including:
- Funeral expenses
- Hospitalization or hospital services
- Medical and surgical services
- Grief
- Sorrow
- Mental suffering
- Loss of financial support the deceased would have provided, including lost wages and benefits
- Loss of consortium
- Loss of instruction, education and moral training the deceased would have provided
While nothing can bring your loved one back, there are legal outlets to help you feel as whole as possible again when they pass away because someone else was reckless and did not care about your safety.
Most wrongful death claims do not go to trial. Your fatal car crash lawyer will do everything possible to get a fair settlement offer quickly in order to let you move forward as quickly as possible. According to Revised Statute §537.095 and 740 ILCS 180/, both Missouri and Illinois require court approval for any wrongful death settlement, but that will likely be the only time you have to go to court.
If the drunk driver or their insurance company does not want to take responsibility for their actions, we will sue them on your behalf to ensure you get the best possible results.
We Sue Drunk Drivers | St. Louis Wrongful Death Attorneys
You were left to pick up the pieces after a drunk driver killed your loved one, call the fatal car crash lawyers of Halvorsen Klote Davis today at (314) 451-1314 or contact us online for a free case review.
