According to a report from KSDK, the family of a mother and daughter who were killed in a DUI crash has filed a wrongful death lawsuit against the driver and his mother. Laticha Bracero and Alyssa Cordova were tragically killed by a drunk driver after leaving a Drake concert at the Enterprise Center in St. Louis. Here, our Kansas City wrongful death lawyer explains what we know about the case and provides an overview of Missouri law.
Speeding Drunk Driver Slammed Into Pedestrians in Downtown St. Louis
As confirmed by the reporting of KSDK, a wrongful death lawsuit has been filed by Michelle Del Bosque. She is a relative of Laticha Bracero and Alyssa Cordova. Ms. Bracero and Ms. Cordova are the mother and daughter who were struck and killed after leaving a Drake concert in St. Louis earlier this year. The wrongful death claim accuses the driver, Monte Henderson, of reckless driving. His mother, Monet Arps, was also named as a defendant. She is accused of negligently allowing him to use her Jeep despite his long history of traffic offenses. At the time of the crash, Mr. Henderson had a blood alcohol concentration (BAC) of .194—far above the legal limit.
An Overview of Wrongful Death Laws in Missouri
The loss of a close loved one due to negligence is a terrible tragedy. No family should ever be forced to endure heartbreak. Wrongful death claims are an avenue to seek justice, closure, and compensation. Here is an overview of the wrongful death laws in Missouri:
- Fault-Based Civil Claim: In Missouri, a wrongful death claim is a fault-based civil lawsuit where the plaintiff must prove that the defendant’s negligent, reckless, or intentional actions caused the death of a loved one. To be clear, these cases are separate from any related criminal case. However, evidence from criminal court, such as a DUI charge or DUI conviction, may be relevant.
- Eligibility (Usually Next of Kin): Only certain parties are eligible to bring a wrongful death lawsuit in Missouri. Indeed, Missouri law bolds that wrongful death claims can only be filed by certain relatives of the deceased. The eligible parties typically include the surviving spouse, children, or parents; if none of these relatives are alive, a sibling or their descendants can file the lawsuit.
- Three-Year Statute of Limitations: Most wrongful death lawsuits in Missouri are subject to a three-year statute of limitations. However, the statute of limitations can sometimes vary based on the underlying cause of action. With a deadly motor vehicle crash, there is a three-year statute of limitations.
Consult With Our Kansas City Wrongful Death Lawyer Today
At House Law LLC, our Kansas City wrongful death attorney is a skilled, compassionate advocate for justice. If your loved one was killed in a tragic accident caused by negligence, we are here to help you navigate the civil claims process. Contact us today for a free, completely confidential case evaluation. With a law office in Kansas City, we handle wrongful death cases throughout Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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