Can You Sue a Prison for Wrongful Death in North Carolina? (2024)

“Can you sue a prison for wrongful death in North Carolina” is a question that personal injury attorneys often hear. Inmates do not lose their rights simply because they are serving time following sentencing for a crime. When someone’s negligence or misconduct leads to a grave illness or sudden death of a prisoner, the at-fault party can be held financially liable in court.

Common Causes of Inmate Deaths in North Carolina

The mortality rate for prisoners is shockingly high. Four to seven thousand inmates die in prison every year. Prisons are isolated and confined facilities. Airborne diseases can quickly spread among cellmates. The 2020 and 2021 pandemic saw high numbers of inmates die due to COVID.

Mental health conditions are often undertreated. Stress from life in prison can lead prisoners to commit suicide. When prison population members are at risk of hurting themselves, prison guards are responsible for taking steps to prevent inmate suicide.

Neglect can lead to quickly deteriorating health conditions for prison inmates. Medical neglect, in particular, can be dangerous to inmates with chronic health conditions. Prison staffers have a responsibility to address serious health issues among the prison population.

Guards can be liable for causing harm or causing the death of inmates. When guards use force to restrain population members, they must do so in proportion to the perceived threat. A guard who puts their knee on a prisoner’s back and causes them to suffocate, for example, could be held liable for contributing to or causing the death.

Inmate-on-inmate violence also leads to high numbers of serious injuries or death. Although some random acts of violence are inevitable, prison guards have a duty to prevent and stop attacks.

Who Has Standing to Sue Following a Wrongful Death?

The personal representative of the deceased inmate can hire an attorney to take legal action against the prison guard or institution. When the decedent’s will names a personal representative, the process of establishing who can represent the deceased person’s estate is clear.

Even when there is no clear personal representative, the court can appoint a close relative to that position. Typically, eligible relatives include the surviving children, spouse, or parents.

The personal representative can hire a personal injury attorney to file a wrongful death case against the at-fault parties. A settlement can include compensation for:

• The loss of future earnings from your family member.
• The emotional pain and suffering related to their passing.
• The costs associated with their funeral and burial.
• The potential inheritance lost had they lived to their expected lifespan.
• The loss of love and companionship from your family member.

Holding prison guards accountable is challenging and requires the work of an experienced wrongful death attorney who understands the state’s personal injury laws and how to build a strong case by carefully analyzing all related evidence, interviewing eyewitnesses, conferring with expert witnesses, and subpoenaing evidence from the state.

FAQs

Q: What Is the Most You Can Sue for in a Wrongful Death?

A: The most you can sue for in a wrongful death case depends on the type of case you file. Small claims courts accept cases where the damages range from $5,000 to $10,000, while district civil courts oversee cases where plaintiffs sue for $25,000 or more. The amount of money that your attorney seeks on your behalf is determined by the types of damages that you are seeking.

Q: Is Taking Legal Action Against a Prison Worth the Effort?

A: Balancing the scales of justice often requires that personal injury and criminal law attorneys take on complicated cases. Prisoners have rights, and anyone who denies incarcerated men and women their fundamental rights can and should be held accountable in court.

Although prison wrongful death cases can be challenging to litigate, they offer one way for survivors to seek justice following a wrongful death.

Q: How Are Wrongful Death Settlements Paid Out in North Carolina?

A: Wrongful death payments must be used to pay for outstanding debts before plaintiffs receive the remaining compensation. After debts and obligations are paid, the beneficiaries are paid, either according to the decedent’s will or intestate succession laws. Wrongful death attorneys work on contingency, and their fees are deducted based on a percentage.

Q: What Is the Wrongful Death Statute in North Carolina?

A: The wrongful death statute in North Carolina allows plaintiffs to take legal action against the person who caused the wrongful death. Typically, the plaintiff is the surviving child, spouse, or parent of the decedent. The plaintiff can use the state’s wrongful death statute to seek financial compensation from the at-fault party.

Q: What if I Can’t Afford an Attorney?

Q: Reputable personal injury lawyers work on contingency. This means that they are not paid until you are paid. Attorney fees should not be a concern if you are willing to work with a personal injury lawyer who is confident that they can win compensation for you and your loved ones.

Your lawyer can discuss the payment structure, which is based on a set percentage, during your consultation.

Q: What Happens When a Person Dies in Prison?

A: When a person dies in prison, the prison conducts an investigation that involves an autopsy of the body. If the death appears to be the result of a crime, an outside group, such as local law enforcement, may be asked to conduct an independent investigation. Family members are typically notified soon after prison staffers become aware of the death.

Schedule Your Prison Death Consultation Today

A wrongful death can be addressed through the civil courts. When a prisoner dies due to neglect or misconduct, surviving loved ones can hire an attorney to seek compensation for the wrongful death. By gathering evidence and building a strong case, your lawyer can work to find monetary compensation for your injuries.

Christina Rivenbark & Associates has the professional experience needed to hold prison guards responsible for causing the death of your loved one. We have helped many clients receive favorable settlements through litigation, and we can do the same for you. To schedule your consultation, please contact our office today.