Can You File A Lawsuit For The Wrongful Death Of A Prisoner?
Although it is easy to forget, criminals also have human rights, despite the nature of their crimes. No matter what country, prison systems around the world are generally volatile. Naturally, when a human is locked up for more than 16 hours and only enjoys little freedom, their mental condition will, at some point, get worse, and they will lash out. Prison violence is not something new.
According to a recent report, nearly 143 prisoners died in federal and state prisons in the US in 2019. The question most often asked by the surviving loved ones is, “Can they file a wrongful death lawsuit?” Well, yes, you can file a lawsuit for the wrongful death of a prisoner. It is a legal action that you can take against a person or an organization that has led to the death of another person due to negligence, recklessness, or intentional behavior. Visit gallagherkennedyinjury.com to learn more about filing a wrongful death lawsuit and the importance of hiring a lawyer.
Have a look at the following information, which will help you understand when you can file a wrongful death lawsuit for a prisoner.
Negligence of Prison Staff
You could file a lawsuit against the state or the government if the death was caused by the negligence or misconduct of the prison staff, inadequate medical care, or unsafe prison conditions. The staff is obligated to enforce safety measures and standards to protect the people under custody. If an individual dies due to the negligent behavior of prison management or its employees, then it can lead to individuals filing a lawsuit. Death caused by the negligence of staff can result in holding the prison officials or responsible party accountable for an individual’s death. Various things can be considered negligence or misconduct, such as failing to protect one inmate from another, insufficient health care, and failing to observe the suicide watch.
Insufficient Medical Treatment
The prison officials are responsible for providing the necessary healthcare to the inmates. Failure to do so can result in a lawsuit. The jail staff has the duty to provide medical care to the prisoners and treat them if they have any illnesses or diseases. Tragically, there are far too many prisoners who pass away from medical illnesses that may have been avoided with proper care.
Violation of Prisoner’s Rights
The United States Supreme Court acknowledges that jail staff members have a responsibility to protect the people under their care. A jail staff member may be held legally responsible if they failed to protect the inmate, knowing that they were in danger. Such behaviors indicate a disrespect for the inmate’s rights. The number of recoverable damages will depend on the specific facts of the case, including the degree of abuse or negligence that contributed to the death.
It’s never easy to lose a loved one; however, the loss is more terrible when it results from the authority’s neglect, disregard, or abuse, who were meant to protect those rights. Please speak with wrongful death attorneys if you need to file a claim for the death of a loved one while they are in custody or serving as an inmate.
Read More – How to Prove Innocence If You Have Been Charged with a Crime
