Prison deaths are an unfortunate reality of both federal and state prisons. The victim’s family may be legally entitled to compensatory damages when an inmate dies due to the negligence of another party. An Atlanta wrongful death attorney can help the family file a lawsuit.
An inmate may be killed due to deliberate or unintentional negligence of other parties. These parties can include fellow inmates, correctional officers, or others.
Several factors contribute to prison inmate deaths. In many prison death cases, death occurs within seven days of being sent to prison. Here is a look at some of the common causes of prison deaths:
The Eighth Amendment to the United States Constitution mandates that no cruel or unusual punishments shall be meted out to prisoners. In addition, prison officials are also responsible for taking reasonable care to ensure the safety of the inmates.
The negligence of the prison officials can result in the death of an inmate. When proving negligence in a prison death claim, you must show that officials acted with “deliberate indifference.”
This involves proving two things: you must prove that a prison official was well aware that there was a significant risk of harm to the victim and that the official failed to take any reasonable measures to avert or minimize this risk.
Federal and state prisons are typically immune from being sued for the death of an inmate. However, the Federal Tort Claims Act creates an exception that allows you to hold the liable party accountable.
If you have lost a loved one due to the negligence of prison officials or other parties, we can help you. Here at Fischer Redavid PLLC, we have extensive experience in handling prison death cases. We understand that the death of a loved one is a tragic loss, and we strive to offer compassionate legal services at such a time.
Call us today at 404-287-2856 to discuss your case with our lawyers. You can also reach us through the following form.
Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.
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