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Missouri Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents, Wrongful Death and Traffic Tickets for Missouri on
Q: My son died in an accident Nov, 2018, when an uninsured motorist tried to make a left turn in front of him.

I let the investigating officer know that the driver had no insurance, and provided my sons insurance info to them. The prosecutor says there is nothing in the reports about her having no insurance. Now, the prosecutor is saying the statute of limitations has passed, and she will not get a ticket.... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 20, 2019

I'm so sorry for the loss of your son, and for your question remaining open for four weeks. At this point, maybe you could contact an attorney or investigator in Missouri to retrieve the file and review it. With sympathy, good luck

Tim Akpinar

1 Answer | Asked in Probate, White Collar Crime and Wrongful Death for Missouri on
Q: Am I in someone's will?
Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

There is no way for anyone in this forum to know.

1 Answer | Asked in Wrongful Death for Missouri on
Q: My parents was putting up an tv antana .got electricuted. Is it possible to to sue PG&e

my parents were electrocuted 40 years ago and I want to know can I sue the PG&e because where the lines were and how the pole fell onto the main power line

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 24, 2019

It's terrible what happended to your parents but if the incident happened in Missouri you are way past the statute of limitations. A California attorney would need to advise you on the statute of limitations in California but I suspect it is far shorter than 40 years.

2 Answers | Asked in Car Accidents and Wrongful Death for Missouri on
Q: If a vehicle title holder is not the insured driver of the vehicle, can they be held liable for any damages as well?

The individual that is at fault for an accident did not have enough insurance (underinsured). This person is not listed as the owner of the vehicle, his wife is, and she is not included on the insurance policy. Can she be sued as the owner? Also, the driver was driving on a suspended license, which... Read more »

Michael S. Foster
Michael S. Foster answered on Jun 19, 2019

We would need to know more facts in order to potentially bring a negligent entrustment case as well. Do you have underinsurance?

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1 Answer | Asked in Wrongful Death for Missouri on
Q: I was the executor of my mother's estate after she was hit by a car and died. It's taken me forever to sort out her

affairs but now I want to sue for wrongful death. Two years have past. Am I too late?

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

I believe you have three years. Contact a member of the Mo. Trial Lawyers Assn in the county where it happened--they give free consults. If you need names, give me a call.

1 Answer | Asked in Wrongful Death for Missouri on
Q: Do we the family have a case against the city jail and their police officers?

In 2017 my family was informed that my sons father had been arrested and allegedly committed suicide while in police custody. He was put in a holding cell and the door was left open because. he was the only inmate in the jail that day. Police said he left the holding cell went into a dark area in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Hard to tell without knowing what an autopsy showed or would show. However your son and the immediate family of the son's father would be the people to seek any claim. Best bet is to call the Missouri Civil Liberties Union, ask for the names of any "cooperating attorneys " who work on prison cases.

1 Answer | Asked in Wrongful Death for Missouri on
Q: can you sue a company 49 years later for wrongful death.father dies in a 1 car accident while drunk.

father worked at ab brewery in 1969.back then it was common practice to allow them to drink on the job he did that day and never made it home

Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 3, 2018

Most likely the claim would be barred by the statute of limitations, but you should contact an attorney who practices personal injury law in Missouri to discuss this further.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Missouri on
Q: Hi, What rules exist in MO surrounding neighbors shooting and killing roaming dogs owned by another neighbor?

My husband and I own a farm in Perryville, MO. Our neighboring farmer shot and killed our shepherd dog when it roamed onto his farm and started barking at his cows. He did not alert out farm hands about the problem; instead he shot the dog and never told us. Our farm hands later found the dog dead... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 20, 2018

Basically a violation of game laws & or laws on killing animals if any. You can only recover for the value of the dog based on sale price for a dog that age.

1 Answer | Asked in Wrongful Death for Missouri on
Q: Can anyone help me to defend against a wrongful death charge?

My husband and I have a civil case against us. My husband was only protecting himself in our home. He was found not guilty of anything criminally. I used everything I had to hire a lawyer to take the criminal case. I need help and can't find it. There was no home owners insurance at the time. It... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

First, if you have homeowners that should cover you and they would get you an attorney for the case. Second, talk to a bankruptcy attorney. Also if the intruder was slain with a weapon there are Second Amendment legal foundations that will sometimes help.

https://www.saf.org/...
Read more »

1 Answer | Asked in Wrongful Death and Criminal Law for Missouri on
Q: If a victim is found unconscious at the scene with a head wound, should the scene be investigated?

Actually, It was a gun shot wound to the temple. But Thank You for the response. We just find it hard to believe that an officer or emergency personnel did not realize the type of wound.. Even after laying in the hospital for two hours unresponsive before realizing it was a bullet wound is really... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

It depends on the scene. If they tripped and struck their head, no. However you can't compel a police department or DA to investigate something.

1 Answer | Asked in Wrongful Death for Missouri on
Q: How do you prove a wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

The same way you prove other cases. With evidence. If you think you have a case, contact a member of the Mo. Assn for Justice--they give free consultations.

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Rights for Missouri on
Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?

he was housed with an inmate he should not have been rehoused with due to them having a physical altercation so he was again placed with this inmate in segregation in same cell and his cell mate was a 21 yr. old lifer. Another he should've been in protective custody due to his conviction along with... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.

1 Answer | Asked in Wrongful Death for Missouri on
Q: What happens when someone who has been sentenced to life, lose a wrongful death lawsuit?

Someone who has been sentenced to life is facing a wrongful death lawsuit. What does happen if he has to compensate the victim's family knowing that he does not have money (beside what is sent to him from family and friends) nor assets?

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Nothing. They can't get money out of him. Surprised someone is taking the case unless there is a co-defendant that has money.

1 Answer | Asked in Wrongful Death for Missouri on
Q: My mother was killed on a Walmart parking lot. She was walking to her car when someone 85 years old back out of a

Parking spot and hit her. Does Walmart have any liability

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

Unlikely, but it depends on the situation of the parking, etc. You should contact a member ofthe Missiouri Assn of Trial Attorneys--they give free consultations.

2 Answers | Asked in Products Liability and Wrongful Death for Missouri on
Q: How do I check on a cases filed through a update alert via email.

It against Johnson and Johnson consumer products, IMERYS, TALC AMERICA INC. F. K. / A. LUZENAC AMERICA INC.

Robert D. Kreisman
Robert D. Kreisman answered on Sep 15, 2016

I'm not quite sure about your question. But if has to do with a class action, state action or a case in the federal multi-district litigation (MDL) you should be able to follow the status if you have the caption of the case.

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1 Answer | Asked in Civil Rights and Wrongful Death for Missouri on
Q: pretty basic...wife has a cousin, her stepson died in police custody..might have case might not,

son's mother, step father, my wife's cousin and her husband, ( the boy's father) are planning to bring suit, but the boy has a 17 year old daughter, will be 18 in less than 2 months, she was VERY much in his life, but they are not telling her about the suit...can they ace her out like that...I have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

Daughter may have rights, can ask to be co admionistratrix. If feeling frozen out can seek an attorney who is a member of the Mo. Trial Lawyers Assn.--they give free consultations.

1 Answer | Asked in Wrongful Death for Missouri on
Q: My son was killed and I did a wrongful death law suit and his brother feels entitled to the settlement is he
Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

Talk to the lawyer that represents you/the estate. Missouri law will set out who gets a recovery in a wrongful death case and who doesn't.

1 Answer | Asked in Wrongful Death for Missouri on
Q: What are the steps in suing due to wrongful protocol during a suspicious death investigation while I personally gathered

The straight out evidence to prove their mistake on the way they handled a suspicious possible homicide case

Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

I don't know that there is such a case as there are certain things the governent can be sued for and others they can't be.This is I believe one of those.But contact a member of the Missouri Trial Lawyers Assn--they give free consultations.

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Wrongful Death for Missouri on
Q: can a case that was just dismissed 3 years ago, that involved a death of a child be reopened?

Medical examiner said it was accident so after 58 or 85 days the guy was in jail for murder charges just got released. The stories don't add up and not do the injuries the child had even dfs said there was multiple injuries they discovered on the child and the injury he obtained from this so called... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2016

If it went to trial, no--the double jeopardy clause prevents retrials. The problem is that the DA's office has to be convinced that having had the case thrown out once it's likely to succeed now. In a criminal case it has to be shown beyond a reasonable doubt that the person charged did it--that's... Read more »

1 Answer | Asked in Wrongful Death for Missouri on
Q: IN a wrongful death case against a Doctor where my husband died. The lawyer for our side settled for 110,000 after 3.

THe hospital kept him on but the state thinks he is guilty. Can I now sue the hospital?

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2016

Not as I see it but your lawyer should be consulted. Generally, it would be past the statute of limitations for a new claim, and the release you signed would also release the hospital in all liklihood.

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