We all know that being incarcerated is a form of punishment, and as a result, there are many rights and privileges that are lost to you during your imprisonment. Being in prison also takes away your ability to care for yourself, especially when it comes to your medical needs. In essence, the prisoner and their loved ones are relying on the prison system to provide medications, therapy, and other critical services. Unfortunately, medical care in prisons is grossly inadequate, particularly for those with mental health issues.
Part of the problem is that many of these inmates belong in psychiatric centers, and not prisons. Regardless of that fact, those in charge of our jails and prisons are responsible for taking care of prisoners with serious medical conditions, including psychiatric disorders. And there have been plenty of lawsuits where the courts have made it clear that lack of time, resources, funds, etc., is no excuse when it comes to adequate care and supervision of inmates that are at risk.
The tragic loss to family members is unimaginable when negligence by prison officials leads to a suicide incident. If you are in this situation, you are probably struggling to find answers to the following questions:
- Can I file a lawsuit for my loved one’s suicide at a prison?
- What if they were injured from an attempted suicide? Can I sue the prison system?
- Can family members sue the prison for abuse that led to suicide while the inmate was in their custody?
The prison abuse attorneys of Normandie are here to provide you with answers and help you obtain justice from a lawsuit against the agency that was in charge of your loved one’s medical needs. Contact us today to receive a free case review from a member of our legal team.
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The Right to Sue a Prison for Negligence
Being locked up doesn’t take away your right to sue the prison in the event there are incidents of neglect and abuse. The same principle applies to family members of injured and deceased inmates, who may have grounds to file a wrongful death lawsuit.
There is a tendency to overlook the rights of prisoners and excuse acts of abuse that occur at correctional facilities. However, no one deserves to be stripped of their basic civil liberties, including the right to life-saving medical care. That’s why prisons are liable when they fail to provide mental health counseling and adequately supervise prisoners that are at risk of taking their own lives. Prison administrators are in charge of these duties, and they are ultimately responsible if an inmate dies from a lack of consideration for their health and safety.
Sometimes, officials attempt to distance themselves from the incident by saying that the suicide was due to the actions of a specific individual, i.e., a correctional officer, doctor, or therapist. However, it’s up to the warden and other administrators to oversee these workers and ensure that they are doing their job. Unfortunately, understaffing, poor training, and careless conduct is common among staff members in the prison system. Prison officials and the agencies in charge of these facilities may be liable in these cases, even if they were not directly responsible for causing the inmate’s death.
Knowing who you can sue in a case of prison suicide is a complex issue, but we are here to guide you every step of the way. Please contact our law firm and talk to an experienced California wrongful death lawyer.
Monetary Benefits from a Wrongful Death Lawsuit
A settlement for a prison suicide wrongful death claim includes payment for numerous damages that are associated with losing someone due to another party’s negligence. Understanding the possible damages you can recover is essential to the justice process. During a free case evaluation, we can go over each of the losses you’ve suffered and determine which of these benefits you are entitled to:
- Funeral expenses
- Cost of medical treatments / services
- Loss of consortium
- Pain and suffering
- Loss of expected savings and benefits
- Legal fees
Time Limit for Compensation Claims against Government Entities
Normally, you would have two years to file a lawsuit for wrongful death in California. But there is an exception to this rule when you are seeking damages from a government entity, like the California Department of Corrections and Rehabilitation or the County of Los Angeles. Under the California Tort Claims Act (CTCA), lawsuits against the government must be initiated with a compensation claim. Once you submit the appropriate claim forms, the agency in charge has 45 days to accept your payment request or send you a denial notice. In some cases, they may not respond at all, which means your claim is rejected by default.
Your statute of limitations for a lawsuit is 6 months from the date of the denial notice. If you did not receive a response within 45 days, you must file a wrongful death lawsuit within 2 years of your loved one’s passing. As there is such a strict timeline for these cases, don’t delay in giving us a call so that we can help you file the necessary paperwork.
Do I Need a Lawyer to Sue the Prison System?
It’s perfectly legal to represent yourself in a suicide by negligence claim against a California prison or jail. The problem is, these are incredibly complicated cases due to the additional requirements that are in place when you are seeking payment from a government agency. In addition, the deadline for a government claim is very tight, and many people struggle to obtain evidence and supporting documentation within the 6-month period. That’s why it’s useful to retain the services of an experienced prison accident lawsuit attorney.
Our attorneys have decades of experience in negligent death claims against public entities, including state, county, and federal prisons located in California. We know what it takes to bring justice to the spouses and family members that have lost someone to suicide at a correctional facility. For more information on suing for suicide or attempted suicide at a California prison, contact our law firm.
Help from a Lawyer with Experience in Prison Suicide Cases
Holding a public entity responsible for a case of wrongful death is extremely difficult, which is why legal representation is essential right from the start. The lawyers of Normandie Law Firm are passionate about prison reform and the rights of those who are incarcerated in jails and prisons throughout the state of California.
That’s why we work on contingency, which allows grieving family members to retain legal representation free of charge. All costs are covered by the defendant and paid to us at the same time you receive compensation from a wrongful death lawsuit. And with the Zero Fee Guarantee, you owe us absolutely nothing in the event we fail to win your case.
Contact us anytime, day or night, if you are in need of a California negligent death lawsuit attorney.
