What To Do If a Loved One Died in Jail

Handcuffed hands of a male in prison, helpless in the dark prison visual concept for legal blog: What To Do If a Loved One Died in Jail.

Did a loved one die in jail? Did they receive substandard medical care? Or no medical treatment at all? Or maybe they were involved in a prison fight or another altercation?

The death toll in Ohio jails and prisons is shockingly high, and questions about why a loved one died in jail are often met with denials, a refusal to provide basic information, or claims that “ongoing legal considerations” prevent jail or prison officials from speaking.

State and federal civil rights laws apply broadly and are intended to protect people who are in jail or incarcerated. Law enforcement officials have a legal duty to protect and provide care for the people under their care and supervision, and the U.S. Supreme Court has ruled that prisoners have a constitutional right to health care.

If you have a loved one who died in jail, your family may be entitled to financial compensation for your loss. But proving a case of inmate death can be a difficult and challenging task. Someone seeking compensation for injuries or death caused by a prison official must prove the defendant acted with “deliberate indifference” to the inmate’s health or safety. To prevail, you need a lawyer with experience who knows how to get results.

The Robenalt Law Firm, Inc., has extensive experience handling wrongful death claims, particularly those that arise when an inmate dies in police custody or in jail.

Legal Protections for Inmates

The Eighth and Fourteenth Amendments to the U.S. Constitution protect inmates from cruel and unusual punishment. When an inmate dies in jail, their family can file a wrongful death lawsuit. To win, they must prove that the defendant acted with “deliberate indifference” to the inmate’s health or safety.

Many claims for jail death are brought under 42 U.S.C. §1983, which allows inmates and their families to file a lawsuit against a defendant who deprived an inmate of their Constitutional rights. Because these rights are guaranteed under the U.S. Constitution and federal law, lawsuits for a violation of an inmate’s civil rights are often filed in federal court. However, some claims may be brought under state law.

Medical Malpractice and Wrongful Death in American Prisons

Inmates rely on prison staff for their most basic needs, and they cannot seek medical attention on their own. As a result, incarcerated people are at a heightened risk of dying because of medical malpractice. When an inmate is denied adequate medical care or receives substandard care that causes their death, the inmate’s family can seek to hold the negligent medical providers responsible for the harm they caused by filing a claim for wrongful death and medical malpractice.

Jails and prisons have established standards and protocols to ensure inmates receive proper medical care. These standards have been approved by the American Medical Association, the American Public Health Association, and the American Correctional Association. When jails and prisons violate these standards by providing inadequate medical care or denying medical altogether, they should be held accountable for the harm they caused.

When an Inmate Dies in Jail, Contact the Robenalt Law Firm, Inc.

If a loved one died in jail, you should consider speaking with an experienced wrongful death attorney as quickly as possible. The experienced wrongful death lawyers at the Robenalt Law Firm can review the details of the inmate’s death to determine whether you have a case. If so, our lawyers can build a persuasive and convincing case to prove the defendant acted with deliberate indifference to the victim’s needs.

Proving a jail death claim can be a complex legal challenge, and having an experienced jail death lawyer on your side can be invaluable. Our lawyers will try to negotiate a fair settlement for your claim. But if a satisfactory resolution is not forthcoming, we have the experience, resources, and expertise to take your case to court to recover the compensation your family deserves.

If a loved died in jail, your family may be entitled to compensation for:

  • Funeral and burial expenses
  • Loss of future earnings
  • Loss of love and companionship
  • Loss of prospective inheritance
  • Emotion and mental anguish suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent

The Robenalt Law Firm has extensive experience handling wrongful death claims after an inmate dies in jail. During your free and confidential consultation, Attorney Tom Robenalt will ask questions to learn about your situation and discuss how he can help your family obtain compensation after the loss of a loved one.

To learn more, call (216) 223-7535 or contact the Robenalt Law Firm to schedule a confidential consultation to discuss your situation.

Categories: Wrongful Death