Yes, you can sue a prison or jail for wrongful death in New Mexico if it committed negligent or abusive acts against your family member. Even though your loved one was convicted of a crime, this outcome does not mean that he or she deserves inhumane treatment.
Every prisoner in the system has a constitutional right to safety. While you cannot bring him or her back to life, you can hold reckless and careless parties accountable for their actions. These cases are complicated since they involve governments, employees, and law enforcement.
In This Post
This post will help you understand the difference between wrongful death and criminal homicide, considerations that you need to make, and what types of compensation you can recover. When dealing with the death of a family member that was incarcerated, seek advice from a wrongful death attorney to ensure you do not make any legal mistakes that will jeopardize your case.
Differences Between Wrongful Death and Criminal Homicide in Prison
There are two (2) types of cases that could be ongoing after an incarcerated person’s death. These types include a wrongful death civil claim and criminal court proceedings if criminality was involved.
Wrongful Death in Prison
Under the New Mexico Wrongful Death Act, the objective is to bring the claim that the deceased person can no longer bring against the prison or jail. Instead, the survivors of the deceased person may initiate the claim for damages. The first step is contacting a prison wrongful death attorney immediately. The attorney will take the necessary steps to provide notice of the claim, assess the merits of the case, have a wrongful death representative appointed, investigate, negotiate with insurance companies or fight your case in civil court to get the money you deserve against the government, prison, or another liable party.
Criminal Homicide in Prison
A criminal matter is one that is prosecuted by the city, county, state, or federal government with the intent of trying the accused party for his or her involvement in your family member’s death. You do not receive any compensation from this type of case. Instead, the prosecutor will attempt to prove that the defendant acted with criminality and what penalty he or she should receive.
Both types of cases can run concurrently, or at the same time. The outcome of either matter will not influence the decision of the other. However, a criminal conviction could strengthen your civil compensation claim or lawsuit by demonstrating a clear pattern of negligence or guilt.
Types of Negligent or Abusive Acts that Cause Wrongful Death in Prisons
We should not have to remind people of this, but prisoners have fundamental human rights while incarcerated, just like the rest of us on the outside. While they are serving their sentence, the prison must ensure that people in custody are safe and free from harm.
Examples of neglect or abuse caused by prisons may include:
- Excessive force
- Illegal arrest
- Jail medical neglect
- Neglect of suicidal inmates
- Psychiatric neglect
- Unwarranted use of weapons
- Unsafe or filthy prison conditions
- Social and emotional abuse
- Not monitoring cells or pods
- Failure to adequately train staff
- Malfunctioning prison equipment
- And more
The above-referenced situations should never happen to prisoners. No one should ever have to lose a loved one while he or she was under our government’s watch. When this happens to your family, make sure that you call an attorney ASAP to protect your rights and go after the liable parties.
Common Considerations of a Prisoner Wrongful Death Case
There are numerous factors to consider after the wrongful death of a prisoner. From location to jurisdiction to the type of negligence or abuse committed, these items will affect how you move forward in your case as well as the legal options available for restitution.
Before filing a wrongful death claim, consider the following:
- Was your family member in prison or jail?
- Was the prison or jail managed at the state or federal level?
- Was the detention center public or privately-owned?
- Were the acts, abusive or negligent?
The facts, circumstances, and evidence will determine what legal options are available and how you prove your case. Compensation may include loss of companionship, mental anguish, lost enjoyment of life, punitive damages, and more. Money does not make up for your losses, but it may help you obtain a sense of closure by holding negligent or abusive parties accountable for their unconscionable actions.
Related Article: How Long Do Wrongful Death Lawsuits Take to Settle?
Meet with a Wrongful Death in Prison Lawyer NOW
There are deadlines in the form of a statute of limitations that applies to your case, limiting the timeline by which you have to file an insurance claim or civil court lawsuit. Do not miss your opportunity to hold your family member’s detractors financially liable. A wrongful death in prison attorney will answer your questions and mount a case strategy that works toward meeting your goals.
Call Grano Law Offices, P.C. now for a Free Consultation at (505) 426-8711 or message us about your case here. If you hire Marc Grano to represent your case, our legal team will not charge you any advance legal or attorneys’ fees.
