Wrongful Death Attorney in Kansas City, Missouri
Wrongful death isn't just a legal term. It's a tragic reality that many families face when their loved ones' lives are cut short due to negligence, recklessness, or intentional actions of another party. In the realm of civil rights, wrongful death cases can occur when an individual's constitutional rights are violated, often involving law enforcement misconduct, excessive use of force, or other civil rights violations.
If you have lost a loved one in Missouri due to someone else's negligence, you deserve the support of a skilled civil law attorney. At JPLaw, I'm an advocate for justice, defending your civil rights and fighting for those who have lost their loved ones due to the wrongful actions of others. Located in Kansas City, Missouri, I proudly serve clients throughout Independence, Liberty, Clay County, Blue Springs, and Jackson County. If you are in the area and need an advocate by your side, reach out to me today to schedule a free consultation. I am here for you.
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Understanding Wrongful Death
In the context of civil rights, a wrongful death lawsuit may be filed when a person loses their life as a result of misconduct or negligence by a government entity, such as a police officer or prison guard. These situations often involve violation of the victim's constitutional rights, such as the right to life and security, the right not to be subjected to cruel and unusual punishment, and the right to due process.
It's crucial to understand that, in these cases, the burden of proof lies with the plaintiff—they must demonstrate that the defendant's violation of the victim's civil rights directly resulted in the wrongful death.
Causes of Wrongful Death
Several circumstances can lead to wrongful death, particularly in the context of civil rights. These cases often revolve around the violation of the deceased's constitutional rights, typically due to the misconduct of authorities or institutions meant to protect and serve the public.
One prevalent cause of wrongful death in the civil rights arena is police brutality. These incidents often involve excessive use of force by law enforcement officials, leading to unnecessary and tragic loss of life. Examples include cases where unarmed individuals lose their lives due to police shootings or physical violence, often in situations where the victim posed no immediate threat.
Incarceration-related deaths also fall under this category. These could be due to inadequate health care in prisons, abuse by prison staff, or negligence leading to preventable suicides or deaths. For instance, the case of Sandra Bland, who died in police custody, raised numerous questions about jail safety protocols and civil rights violations.
Discrimination can also lead to wrongful deaths. Individuals may lose their lives due to hate crimes, community violence, or lack of access to essential services, all of which are often rooted in discrimination based on race, gender, religion, or sexual orientation.
At JPLaw, I stand against these injustices. I strive to uphold the civil rights of individuals by holding perpetrators accountable for the wrongful deaths they cause.
Compensation in Wrongful Death Cases
In wrongful death lawsuits, the surviving family members or the estate of the deceased can claim various types of compensation. The nature and extent of compensation can vary depending on the specifics of the case, but generally, it can include:
Economic Damages: These encompass tangible monetary losses that resulted from the death. For instance, medical expenses incurred before the demise, funeral, and burial costs, loss of the deceased’s expected earnings, loss of benefits (like pension or medical coverage), and loss of inheritance can all be covered under economic damages.
Non-Economic Damages: These are intangible or non-monetary losses that survivors suffer because of the death. They can include pain and suffering, emotional distress, loss of companionship, loss of consortium, and loss of care, guidance, and nurturing that the deceased would have provided.
Punitive Damages: These are awarded to punish the defendant and deter similar behaviors in the future. Punitive damages are not awarded in every case and are typically reserved for situations where the defendant’s actions were especially harmful or egregious.
Wrongful death cases are complex, emotionally charged, and deeply tied to the preservation of civil rights. At JPLaw, my commitment is to allow justice to prevail for those whose lives were unjustly taken and that their families receive the compensation they deserve.
Filing a Wrongful Death Lawsuit for Civil Rights Violations
The process of filing a wrongful death lawsuit for civil rights violations involves several steps:
Establish Legal Standing: Begin by establishing the legal standing to sue. This typically includes immediate family members, but some states extend this to distant family members, domestic partners, and anyone who financially suffers due to the death.
Conduct an Investigation: Conduct an investigation to gather evidence that proves negligence or intentional harm on the part of the defendant. This step involves a variety of tasks, including:
Collecting medical records
Obtaining the autopsy report
Gathering eyewitness accounts
Collecting other relevant documentation
Prove the Defendant's Violations: The plaintiff must establish that the defendant's actions violated the deceased's civil rights, and these violations directly resulted in the wrongful death.
Navigating a wrongful death case, especially one rooted in civil rights violations, can be a daunting task. However, with the right legal representation and a comprehensive understanding of the process, you can fight for justice.
Compassionate Legal Support
At JPLaw, I don't just provide legal representation — I offer compassion and personalized support to families who have lost loved ones due to wrongful death. I understand the emotional turmoil and financial hardships such a loss brings, and I'm here to support you every step of the way.
If you've lost a loved one due to wrongful death, reach out to my Kansas City firm today for a free consultation. Serving clients across Independence, Liberty, Clay County, Blue Springs, Jackson County, and Lee’s Summit, I'm ready to fight for your rights and help you seek justice for your loved one.