Legal Question in Personal Injury in Missouri

Re: Drunk driver struck my son

First of all call the prosecutor for the city/county where the accident occurred. Make sure that he knows that you want some action. Sometimes it takes a little while to get something filed, and sometimes the prosecutor will wait a while. But make it clear to the prosecutor, in a polite but firm way, that you want criminal charges filed. You cannot file them yourself. You may also want to contact the local MADD (Mothers Against Drunk Drivers) - they can give you moral support and some political clout.

You can file your own case in civil court against the driver. However, I suggest that you wait a little while before you file to let your son get stabilized. You did not mention the extent of his injuries - sometimes it takes a while to ascertain the full extent of his injuries. You have two years from the date of the accident to file your lawsuit (RSMo. Section 516.140) The case should be filed in Circuit court if you believe the damages to be greater than $3000.

This is a matter which you may wish to consult with an attorney. You should be able to get an attorney to handle this matter on contingency -meaning that he will work for a percentage of the recovery - with limited out of pocket costs for you to bear. The determining question will be whether the defendant has any assets or insurance coverage. Good luck.