He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More
The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement...View More
No because you lack standing under Missouri's wrongful death statute. Your grandson's spouse, or his children, or their children. or his mother or father can bring a lawsuit for wrongful death. If there are no such persons alive, then your grandson's brothers or sisters or their...View More
Last april a man driving without a license, without insurance, in an truck he’d had for nearly a month without registering it properly turned left into oncoming traffic. He struck and killed a man and seriously injured a woman on a motorcycle. Even with prior charges in another state for driving... View More
I'm so very sorry for your loss. In rare circumstances, it is possible to seek damages from the state itself (e.g., police and others acting as its agents). This is called the public duty doctrine, and its application depends on the particular statutes/court cases of a particular state. Under...View More
I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... View More
A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful....View More
If the facts are anywhere near what I think you are stating, then the Sister may have several causes of action. She will need a very competent MO attorney to search the titles to the entire 2000 acres first. The present owners and tax histories could be horrible. Hopefully the Sister is...View More
To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as...View More
To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... View More
I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a...View More
About a month later I had to rush her to the animal hospital for kidney failure, I had to put her to sleep and it’s devastated me and my family . She was only 5, great health and had a good home and we all loved her. This happened about a month ago so I’ve been trying to get over her passing.... View More
My grandma had known copd and was just recently diagnosed with lung cancer. We were looking at a few years left with her. At her doctor appointment on monday the nurse took her vitals but spent an unusually long amount if time trying to change her oxygen level reading. Before she stood in front of... View More
Contact a member of the Mo. Assn for Justice/Mo. Trial Lawyers assn that handles medical negligence cases. The problem is that a person that is bringing a case has to show that but for the mistake the person who died would have lived. That is sometimes very difficult, especially if the person has...View More
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.... View More
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
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.
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... View More
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... View More
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.
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.