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Missouri Wrongful Death Questions & Answers
1 Answer | Asked in Personal Injury and Wrongful Death for Missouri on
Q: Can a certified lifeguard in the state of missouri be held liable if someone drowns in a municipal public pool?
Todd N. Hendrickson
Todd N. Hendrickson
answered on May 20, 2022

That depends on a lot of factors. All I can say at this point is it's possible.

1 Answer | Asked in Car Accidents, Federal Crimes, Personal Injury and Wrongful Death for Missouri on
Q: What can be done to help a mother find some justice for the death of her son?

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... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

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... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

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... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

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.... Read more »

1 Answer | Asked in Probate and Wrongful Death for Missouri on
Q: What can a person do when a step sister put a sister in an old folks home for 13 years so she couldnt inherit property.

Then she presented a death certificate showing she was cremated. The sister finally got out of old folks home and everyone shocked shes alive. All this over 2000 acres of land.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2021

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... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

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?

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

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... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

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... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 8, 2021

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... Read more »

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Missouri on
Q: I took my dog to my vet for concerns, blood tests were taken, they informed me it was hormonal, she passed weeks later

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.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 5, 2021

I'm sorry to hear about your puppy. You posted on a legal page but didn't ask a specific legal question.

If you are wanting to sue the vet, but I doubt you'll find that to be a very good option unless you paid many thousand of dollars for the puppy, our willing to spend...
Read more »

1 Answer | Asked in Wrongful Death for Missouri on
Q: What are the laws regarding someone with a mental illness who commits murder

Poplar bluff Missouri case

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 3, 2020

https://www.lawserver.com/law/state/missouri/mo-laws/missouri_laws_552-030

1 Answer | Asked in Health Care Law and Wrongful Death for Missouri on
Q: What is the standard of care for nurses taking and recording accurate vitals, specifically oxygen levels?

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... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2020

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... Read more »

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.... 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.

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