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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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thirty years ago my father died in a county jail in missouri

Resolved Question:

thirty years ago my father died in a county jail in missouri after being arrested for public intoxication or dui allegedly he fell asleep with a cigarrette in his hand and asfixiated from smoke from a smoldering sheet. can anything be done to bring justice? a wrongful death suit was tried and thrown out of court at the time of death
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

What type of justice are you inquiring about? Your question is posted in the criminal law category but you also reference a wrongful death lawsuit... are you simply looking for a discussion into possibilities if any exist?

Customer: replied 7 years ago.
not sure what catagory it would be in but yes it is reference to the possibility of a wrongful death suit just not sure what the statutes are or where to get started the question is, is it possible to file a wrongful death suit for my father 30 years after his death? in the state of missouri county is clark?
Expert:  JD replied 7 years ago.

Unfortunately a wrongful death lawsuit must be filed within three years from the death in Missouri (Missouri Revised Statutes 537.100). I know of no exceptions that would toll that statute of limitations for 27 years with the exception of an intentional act of deception and "cover up" by the government. If you can prove the jail intentionally covered the matter up and hid the nature of his death then you may have grounds to argue tolling of the statute. This is an extreme long shot and you should not get your hopes up. It is worth taking to a local attorney for their review if you have any such information.


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