St. Louis Jail Death: A Case Study in Wrongful Death Claims
Wrongful death is a deeply tragic and legally significant event that occurs when an individual’s life is prematurely and unjustly taken. This can happen due to the negligence, recklessness, or intentional actions of another person, entity, or organization.
It refers to a situation where someone’s death could have been prevented if proper care or reasonable actions had been taken.
The legal concept of wrongful death aims to provide justice and financial compensation to the surviving family members. Those who have suffered emotional, financial, and personal losses as a result are rightful plaintiffs.
Navigating the complexities of wrongful death claims requires the expertise of experienced attorneys who can guide families through the legal process. Let us, through this article, have a look at one such case and understand the legalities of wrongful death cases.
A Wrongful Death Case in St. Louis
The family of a man who tragically died in the St. Louis Justice Center has filed a wrongful death lawsuit. It has been filed against the facility’s contracted medical provider and the city.
The lawsuit alleges negligence and medical malpractice on the part of the jail and healthcare staff in the death of the 33-year-old. Cavins, who was detained on a parole violation, was suffering from opioid withdrawal and other health issues.
Despite his symptoms and allergies to medications and foods, the nurse who conducted his intake failed to contact the jail’s doctor. Cavins was given medication without the doctor’s evaluation and was placed in a cell where he experienced vomiting, anxiety, and extreme pain.
Regardless of seeking help from medical staff and corrections officers, Cavins did not receive adequate assistance. Tragically, he was found dead in his cell after 3 days. The City Justice Center has faced previous criticism for inmate abuse and this lawsuit adds to ongoing concerns.
The city declined to comment on the pending litigation. The contracted medical provider, Corizon, has faced numerous lawsuits for medical malpractice in the past.
What Should be Done?
In such events, it is very important to seek legal justice for the deceived and his/her family. For instance, a St. Louis personal injury attorney would deem fit for a case aforementioned. Each city or state has specialized legal teams who are familiar with the local legal system and would work accordingly.
According to TorHoerman Law, cases like such along with vehicle accidents, medical malpractice, and premise liability come under personal injury. These cases are fought by personal injury attorneys who specialize in their litigation.
The damages and settlements are varied depending on the case. If the lawsuit is successful, the plaintiff can be compensated based on these punitive and non-punitive damages:
- Pain and suffering of the deceased when alive
- Medical bills
- Loss of lifetime income
- Loss of companion
- Funeral costs
- Loss of services
- Loss of inheritance
Frequently Asked Questions (FAQs)
What is the statute of limitations for filing a wrongful death lawsuit?
The statute of limitations for filing a wrongful death lawsuit varies by jurisdiction. It sets a time limit within which a lawsuit must be filed after the death occurred or was discovered. It is important to consult with an attorney promptly to determine the applicable statute of limitations in your specific case, as failing to file within the designated time frame may result in losing the right to seek legal recourse.
How is liability determined in a wrongful death case?
Determining liability in a wrongful death case involves establishing that the responsible party had a duty of care towards the deceased, that they breached that duty through their actions or negligence, and that this breach directly caused the death. Evidence such as eyewitness testimonies, accident reports, medical records, and expert opinions may be used to prove liability. It is critical to have skilled legal representation to investigate the circumstances, gather evidence, and build a strong case.
Can a criminal case and a wrongful death lawsuit be pursued simultaneously?
Yes, it is possible to pursue a criminal case and a wrongful death lawsuit simultaneously. The two proceedings serve different purposes: a criminal case seeks to hold the responsible party accountable for their actions through criminal charges, while a wrongful death lawsuit focuses on obtaining compensation for the losses suffered by the surviving family members. The outcome of a criminal case can have an impact on the civil wrongful death case, but they are separate legal processes.
How long does a wrongful death case typically take to resolve?
The duration of a wrongful death case can vary significantly depending on various factors, such as the complexity of the case, the availability of evidence, the number of parties involved, and court schedules. Some cases may be resolved through settlement negotiations, while others may require litigation and go to trial. It is challenging to provide an exact timeframe, but wrongful death cases can take months or even years to reach a resolution.
Speak with an accomplished personal injury attorney if you require assistance evaluating whether you have a case. A list of authorized lawyers or a reference service should be available through your state bar organization. Ask about the attorney’s previous cases, the number of settlements and judgments, and their success rate.
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