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If a drunk driver in Kansas City injured you, Missouri law gives you the right to hold them financially responsible for the harm they caused. A personal injury claim allows you to pursue payment for your medical bills, lost income, and the personal toll the crash has taken on your life.
You don’t have to figure this out by yourself. Our purpose at Walner Law is to lift that burden from your shoulders. We handle the entire legal process—from investigating the crash to negotiating with the insurance company—so your only job is to recover.
If you have questions about what to do next, call us for a free, no-obligation consultation at (312) 410-8496.
When you’re choosing a law firm, you are choosing a partner for a difficult journey. Here are the qualities that can make a difference in your case.
For decades, our practice has been dedicated to helping people who have suffered life-altering injuries. We have a deep understanding of the medical and financial repercussions of these events and know how to build a case that reflects the true cost of a serious collision.
The goal of a personal injury claim is to provide financial stability after a wreck has turned your life upside down. This involves a detailed accounting of every loss—both tangible and intangible—that the accident caused. We work to document these damages thoroughly to pursue the maximum compensation available.
These are the straightforward financial losses you’ve sustained. If there’s a receipt or an invoice for it, it likely falls into this category.
These damages are meant to address the ways the accident has rewritten your life in non-financial terms. They are harder to quantify but just as real.
In some Missouri cases, a court may award punitive damages. The purpose of these damages is not to compensate you for a loss, but to punish the drunk driver for exceptionally reckless behavior and discourage others from doing the same. To receive these damages, we must show the defendant acted with a “deliberate and flagrant disregard for the safety of others,” a high standard of proof set by Missouri statute.
Missouri uses a legal rule called “pure comparative fault.” In simple terms, this means your total compensation award is reduced by your percentage of fault for the accident. Insurance companies conduct thorough investigations, looking for any evidence to argue you were partly at fault to reduce their payout. Our role is to build a case so strong that no amount of blame is unfairly put on you.
Impaired driving remains a serious problem in Missouri, and the Kansas City area is certainly not immune. The statistics show a troubling reality on our local roads.
In a recent year, Missouri recorded hundreds of deaths in crashes where at least one driver was impaired. Statewide, alcohol and drugs contributed to 164 fatalities in another recent year alone. These incidents consistently make up a large portion of all traffic deaths in the state, sometimes accounting for more than a quarter of all crash fatalities.
While a crash can occur anywhere, some areas see a higher frequency. These locations typically have a high concentration of bars, restaurants, and entertainment venues paired with major roadways. We see accidents happen most commonly near:
When a drunk driver causes a crash, it sets two different legal processes in motion.
This is the case the government brings against the drunk driver for breaking the law (DUI/DWI). The prosecutor, who represents the state of Missouri, must prove the driver’s guilt “beyond a reasonable doubt.” A conviction can lead to fines, license suspension, or jail time. This case is entirely separate from your claim for compensation.
This is your personal injury claim, which you file to seek financial payment for your damages. In a civil case, the standard of proof is lower; we only need to show by a “preponderance of the evidence” that the other driver’s negligence caused your injuries. This means showing it was more likely than not that they were at fault. A criminal conviction is powerful evidence in your civil case, but you do not have to wait for the criminal case to finish before you file your claim.
Usually, in a personal injury claim, we have to prove the other driver was negligent—that they failed to act with reasonable care. But when a driver breaks a safety law, like driving while intoxicated, they are sometimes considered “negligent per se.” It’s a legal concept that means their actions are automatically considered negligent because they violated a law designed to keep people safe. This can make establishing fault in your civil case much more straightforward.
In certain circumstances, yes. Missouri’s “dram shop” law allows an establishment that sells alcohol to be held liable if it serves a “visibly intoxicated” person who then causes an accident. Proving that a person was visibly intoxicated—showing signs like significantly uncoordinated physical action—requires a prompt and thorough investigation to find evidence like witness statements or security footage.
In Missouri, you generally have five years from the date of the accident to file a personal injury lawsuit. While that may seem like a long time, building a strong case requires immediate action. Evidence gets harder to pin down, and the memories of witnesses fade fast. It’s always best to consult with a lawyer to determine the eligibility of your case and start the process as soon as you are able.
Shortly after the crash, expect a call from an insurance adjuster representing the at-fault driver. It’s important to understand their role.
An insurance company is a business that must balance paying fair claims with making a profit. The adjuster’s job is to investigate the claim and resolve it for the lowest amount possible.
Once you hire us, all communication with the insurance company goes through our office. We provide them with the documentation needed to evaluate your claim fairly, without giving them information that could be twisted to hurt your case. The claim process is long, tedious, and filled with paperwork. It’s easy to get frustrated and accept a lower offer as bills pile up higher and higher. We manage that entire process for you.
While we handle the legal work, there are practical things you should do to strengthen your claim.
Go to every medical appointment, physical therapy session, and follow-up visit. If you don’t, the insurance company may argue it’s a sign that your injuries are not as serious as you claim.
Each day, write down your pain levels, any physical limitations you experience, and how the injuries are impacting your daily life. This creates a detailed, personal record of your suffering that can be very compelling.
Keep a dedicated folder for every bill, receipt, and invoice related to the crash. This includes medical co-pays, prescription costs, and even the mileage for your trips to and from the doctor’s office.
Assume the insurance company is looking at your social media profiles. A single photo or comment, easily taken out of context, could be used to argue you are not as injured as you say you are. The safest move is to avoid posting about the accident or your recovery activities.
You may be able to file a claim with your own insurance company through your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This is coverage you have paid for to protect yourself in this exact type of situation.
Yes. As an injured passenger, you have the right to file a claim against the driver’s insurance policy to cover your damages, regardless of your relationship with that person.
You can still pursue a claim. Instead of filing a lawsuit against the driver directly, the claim is made against the driver’s estate. The driver’s auto insurance policy would still be responsible for paying for the damages. The process is more complicated, but it does not prevent you from recovering compensation.
Yes, the police report is a key piece of evidence. It contains the officer’s initial findings about fault and notes whether the driver was tested for alcohol. Our team will obtain the official report for you from the Kansas City Police Department or the Missouri State Highway Patrol.
Not necessarily. A criminal case requires proof “beyond a reasonable doubt,” which is a very high bar. A civil case only requires proof by a “preponderance of the evidence,” which is a lower standard. We can still build a successful civil claim even if the criminal charges are reduced or dismissed.
The timeline varies significantly. It depends on the severity of your injuries, how complicated the case is, and whether the insurance company is willing to negotiate a fair settlement. Some cases may resolve in a few months, while others could take more than a year, particularly if a lawsuit becomes necessary.
The path to recovery after being hit by a drunk driver is difficult, but you should not have to face it alone. The team at Walner Law is here to listen to your story, answer your questions, and explain your options.
For a free, confidential discussion about your case, contact us today at (312) 410-8496.
