Wrongful Death While Incarcerated

Bringing a Claim for Wrongful Death that Occurs Behind Bars

When a family member dies while in the custody of a jail or prison because they were mistreated or denied necessary health care, there may be a claim for wrongful death. Far too often, inmates needlessly die while serving time, and that can be a cruel and unusual punishment. Worse, officials often refuse to provide families with details surrounding the death, leading to more questions than answers in an already difficult time.
At Edwards Kirby, we help the families of inmates recover for wrongful death that results from abuse, inmate-on-inmate violence, suicide or denial of appropriate health care while incarcerated. Our commitment to the full protection of our clients’ civil rights drives our practice, and we fight tirelessly for justice in these complex and often sensitive matters.

Filing a Claim for Wrongful Death While In Jail or Prison

Whether an inmate is being held in a city or county jail, or a state or federal prison, he or she has the right to fair treatment and a reasonably safe environment. Unnecessary hazards and cruel or inhuman treatment should not be tolerated in any circumstances, and those inmates who have died as a result of such conditions have the right to sue the government, private prison owners and/or private health care providers for damages. These cases can be very difficult to win, but our Raleigh civil rights attorneys have experience in wrongful death in custody cases across North Carolina and the entire U.S., exposing these injustices and fighting for fair compensation for families who have lost a loved one.

The following are examples of conditions or mistreatment that may lead to inmate injury:

• Transport vehicle accidents
• Inmate-on-inmate attacks allowed by negligent security or supervision
• Physical or sexual assault by a jail or prison guard
• Unnecessary or excessive force used against an inmate
• Failure to provide for an inmate’s basic needs
• Denying or delaying medical treatment for an inmate
• Hazardous conditions in jails or prisons, leading to slips, falls, and other accidents
• Illness and infection caused by unsanitary conditions