Albuquerque Wrongful Jail Death Lawyer

Holding the negligent parties accountable may be the best way to recover the compensation your family deserves. But going up against the judicial system may be more challenging. Make sure you have a reputable attorney backing you up. Contact us today to schedule a free consultation to learn more about the wrongful jail death claims process in New Mexico.

What is a Wrongful Death in New Mexico?

According to the New Mexico Wrongful Death Act, wrongful death in a jail setting occurs when someone in police custody passes away due to law enforcement negligence or misconduct.

The surviving family members of individuals who passed away while incarcerated may be able to recover compensation for the decedent’s passing in cases of:

• Neglect of inmates with suicidal ideations
• Excessive force
• Failure to monitor jail cells
• Unlawful arrest
• Lack of properly trained jail or prison staff
• Emotional and social abuse
• Medical neglect in jails and prisons
• Unsanitary or unsafe prison conditions
• Unlawful use of weapons

Your wrongful jail death lawyer in Albuquerque must investigate the cause of your loved one’s death thoroughly. They will be responsible for determining how your family member passed away and which parties are ultimately responsible.

Some parties more frequently named in wrongful jail death claims include government agencies, prison or jail facilities, jail or prison staff, and other third parties.

What is Negligence?

For your wrongful jail death case to be successful, your attorney must prove that the liable party’s negligence was the cause of the deceased’s death. When in a prison or jail facility, the prison staff, guards, jail medical staff, and other relevant parties should ensure the safety of those in their custody.

The elements of negligence must be met if you hope to get justice for your loved one, and they are as follows:

• The defendant must have owed the decedent a duty of care
• The defendant must have decided or failed to take action, thereby breaching their duty of care
• The decedent must have suffered severe injury or emotional trauma leading to their death because of the defendant’s action or inaction

Your attorney must consider whether the jail or prison facility was managed at a state or federal level, whether the decedent passed away due to negligence, abuse, or neglect, and whether the facility is privately or publicly owned. These factors will determine the strength of your case and the amount of potential compensation.

What Damages Can Be Compensated After a Wrongful Death In Jail?

There is no amount of compensation that will change what happened to your family member. However, the awarded funds could go a long way in helping you and your family begin rebuilding your lives and ensure the liable parties are brought to justice.

With that in mind, some of the different types of damages that are frequently awarded in Albuquerque wrongful jail death claims include:

• The decedent’s funeral and burial expenses
• The decedent’s medical expenses
• The decedent’s physical pain and suffering
• Your family’s loss of companionship, love, and protection
• Emotional distress and mental anguish resulting from the loss of a child or spouse
• The decedent’s financial contributions to the family
• The surviving family members’ loss of inheritance

These are only a few different losses your family may be entitled to recover as part of your wrongful jail death claim in Albuquerque. Find out how much your case is worth today when you contact your attorney to discuss your losses in further detail.

How Do I Get Started with my Wrongful Death Case Against an Institution?

If you hope to move forward with your wrongful jail death claim, you must ensure you have the authority to do so.

The Personal Representative Must File the Lawsuit

Under New Mexico law, only the personal representative of the decedent’s estate has the authority to file a wrongful death lawsuit. The personal representative will bring the suit on behalf of the decedent’s surviving family members.

Your Attorney Will Help Establish Liability

Once you know whether you have the authority to move forward with your wrongful jail death lawsuit, you can take steps to pursue your case. Your attorney will begin investigating the cause of the decedent’s death to establish liability and gather the evidence needed to support your case.

Wrongful Death Vs. Criminal Homicide

It should be noted that wrongful death and criminal homicides in jail are two different matters. In a wrongful death, the prison or jail facility, staff members, or other third parties were negligent in caring for your family member. In a criminal homicide in jail, the decedent’s death was caused intentionally, usually at the hands of another prisoner.

A criminal homicide in jail could also warrant a wrongful jail death claim if the facility staff or other parties failed to protect the deceased adequately. Your lawyer will need to obtain evidence, gather witness statements, and review the cause of the decedent’s death to establish culpability and ensure your family is awarded the compensation they deserve.

Call Harrison & Hart, LLC Today

When you lose a loved one while in the custody of the police, you can demand justice. Our dedicated and experienced Albuquerque wrongful jail death lawyers at Harrison & Hart, LLC have a strong track record of success.

If we take your case, we will thoroughly investigate to ensure all liable parties are held accountable to the fullest extent of the law. Fill out our quick contact form or call (505) 295-3261 to schedule your no-cost, risk-free consultation today.