Having a loved one incarcerated in a Kansas or Missouri prison can be a stressful and emotional experience. Unfortunately, that experience can become even more devastating if your loved one becomes a victim of a fatal prison attack. Families of victims need to be aware of their legal rights and options in such situations, and that's where an experienced Kansas City wrongful death lawyer can help.
Fatal Prison Attacks
Prison attacks can take many forms, and they can be fatal. The following are some of the most common reasons attacks turn deadly:
- Fighting among inmates. A physical assault with or without a weapon can be deadly, especially if prison staff failed to stop the fight quickly.
- Excessive force by prison staff. If prison staff uses excessive force, an inmate could die.
An inmate could also suffer a wrongful death for reasons other than a violent attack. For example, your loved one may have died because they did not receive adequate medical care, food, water, or supervision.
When a Prison Attack Is a Wrongful Death
Not all fatal prison attacks result in wrongful deaths. A wrongful death occurs when a person dies due to someone else's negligence or intentional actions. In the case of prison attacks, prison staff, the prison administration, or other inmates may be legally responsible for an individual's death. To prove that a wrongful death occurred, it must be shown that:
- The defendant owed your loved one a duty of care
- The defendant breached the duty of care
- The breach of the duty of care caused your loved one's death
If these things occurred, knowing what to do next is essential.
What to Do if Your Loved One Died in a Kansas or Missouri Prison Attack
If your loved one has died in a prison attack in Kansas or Missouri, you need to take immediate action to protect your legal rights. Specifically, we encourage you to:
- Gather evidence. Gather as much evidence as possible, such as medical records, witness statements, and other relevant documents. Additionally, it's essential to preserve any available video surveillance footage.
- Contact a wrongful death lawyer. A wrongful death lawyer can help you understand your legal rights and options, guide you through the legal process, and make sure that you avoid potentially costly mistakes that could prevent you from making a fair recovery.
- File a claim. You may need to file a claim with the prison, the state, or the federal government. A wrongful death lawyer can guide you through this process and ensure you do it before the deadline expires.
- Pursue legal action. If necessary, your lawyer can pursue a lawsuit on behalf of your loved one's estate to seek compensation for your loved one's death.
How a Kansas City Wrongful Death Lawyer Can Help You
Losing a loved one is an emotional and traumatic experience, and pursuing legal action can be overwhelming. A wrongful death lawyer can provide the guidance and support you need during this difficult time. We can help you navigate the legal system, gather evidence, file claims, and value your case.
While nothing can bring back your loved one, pursuing legal action can help provide closure and hold those responsible accountable for their actions. Our wrongful death lawyers will fight for your family's fair recovery, including, but not limited to:
- Your loved one's assault-related medical costs incurred before death
- Your loved one's assault-related pain and suffering incurred before death
- Funeral expenses
- Lost income and expected earning capacity
- Loss of companionship
- Your family's non-economic losses
Your time to file a wrongful death lawsuit is limited in Kansas and Missouri. Accordingly, we encourage you to contact us quickly after your loved one's death so that we can make sure your rights are protected.