Giordano Law Offices Personal Injury & Employment Lawyers has handled several high-profile wrongful death cases for people who have lost their family members and loved ones while incarcerated:
- 7-Figure Settlement Obtained For Family Of Rikers Island Inmate Who Died While Incarcerated
- Rikers Inmate Dies In Solitary Confinement
It is extremely sad that so many people die while in jail or prison each year. According to a Bureau of Prisons Report issued earlier this, year, from 2015 to 2016, the number of deaths in U.S. state prisons increased from 296 to 303 per 100,000 people. Many of these people die because of a lack of proper medical care, including emergency care and proper diagnoses. We have handled several cases where inmates were left to die in full view of correctional staff – often the inmate himself complained of significant pain and other inmates on his behalf complained as well, but the officers ignored those complaints.
If your loved one is injured severely or dies in a prison or jail, here are a few things to know:
- Move quickly to secure counsel. A lawyer will be necessary to file the appropriate notice of claim or notice of intention to sue, usually within just 90 days of the injury or death. If you do not file the appropriate notices with the correct government agency, you will lose your right to sue for state claims.
- Many, if not most, correctional facilities have video surveillance cameras throughout the facility, it is important that your attorney transmit the appropriate documentation or notice to preserve to the facility to preserve the surveillance. You want to have preserved not just the incident or death itself, if any portion may have been captured by a camera, but you want to obtain as much video that you can of your loved one’s movements throughout the facility in the days, if not weeks, before the incident or death. In some instances, it will be necessary to file an appropriate Order to Show Cause in court to preserve the video and other evidence.
- We have found that many fellow inmates, when they witness an atrocity, have the courage to come forward when they see someone dying or severely beaten in jail, though they risk repercussions. If you are contacted by such a witness, you should obtain as much information about them, including their full name, inmate number, and outside contacts. Keep in mind your calls are always recorded when you receive or make a call to a correctional facility.
- Do not let anyone convince you that your loved one is not entitled to justice if he or she was locked up even for a serious crime, even a homicide. If the inmate is wrongfully injured by a correction officer or dies in custody, that inmate has the same rights as anyone else and you can seek compensation for his or her estate in the case of death. Moreover, it is important to expose injustices suffered by inmates at the hands of brutal or corrupt correctional staff.
- If you secure a lawyer quickly and file the appropriate documentation, you will have both state and federal claims that can be filed in either state or federal court (for state, county or municipal facilities). For incidents and deaths occurring in federal facilities, the case would proceed in federal court under the Federal Torts Claims Act. In most instances, you will be able to recover damages for the injury or loss, pain and suffering, any lost future wages, attorneys’ fees, and often punitive damages. Giordano Law Offices Personal Injury & Employment Lawyers accepts these cases under a contingency fee basis, understanding many people cannot afford an attorney to bring such a case.