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        My Brother Died When Served More Alcohol

        150 150 Clifford Horwitz

        Question:

        My brother was drinking and got drunk at his motel. Left there drunk and went to a bar where they served him for a few more hours, knowing he was already drunk. My brother left there, wrecked his car and was killed. I’m mad at the bar owners that would keep serving him, knowing the shape he was already in. I want to file suit. I loved my brother dearly and somebody is going to pay.

        Answer:

        This is a difficult situation. I don’t know what state you live in. In Illinois, there is a one-year Statute of Limitations on Dram Shop Actions. These are actions against a bar for over-serving or intoxicating an individual. However, there is a $40,000.00 cap on such claims. In the tragic situation you describe there would most likely not be any claim. The law in Illinois requires that the intoxicated person NOT be a contributing factor to his injury or death. If you are outside of Illinois, please obtain immediate legal advice.

        I wish to express my condolences for your loss and I wish you the best.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz