Partner Mark Emison co-authored a new article in Missouri Trial Attorney magazine titled “Humanizing Damages in Wrongful Death” with attorney Kirk Vandever. The piece appears in the spring 2025 issue, and addresses how attorneys can present effective arguments for damages in wrongful death matters.
Every single person on a voir dire panel has lost someone they deeply care about. Many have lost someone due to tragic circumstances. Nearly everyone has shouldered the loss without receiving a dime. Potential jurors think, “why should we treat the plaintiffs better than my family?”
In personal injury cases, the discussion is often centered around the unnecessary, violent change brought about in an injured person’s life. There is often hope that financial compensation can make a concrete difference in the person’s life and provide a better future. Whereas in wrongful death cases, it is common to hear potential jurors say, “I just don’t get it; money cannot bring the dead back to life,” “What good will money do?” or “Give money to someone who died years before?” (thereby highlighting even more that this is about the surviving family rather than the decedent . . . it’s about both).
Mark’s practice focuses on catastrophic personal injury cases. Mark was voted a “Missouri Lawyer of the Year” in 2023, and has served as lead attorney in many seven- and eight-figure settlements on behalf of his clients. He graduated from the University of Chicago Law School and has been a Partner in the firm for the last eight years. He offices in the firm’s Independence, Mo., location.
