Compassionate Counsel. Committed Advocacy

Death while in jail can result in a personal injury case

On Behalf of | Dec 24, 2019 | Personal Injury

In the event that a person is found guilty of committing a crime, part of that person’s sentence may include jail time. In a recent case, a person serving a jail sentence in Louisiana died of an apparent drug overdose. The deceased’s family are citing a personal injury in the loss of their son and are filing a wrongful death lawsuit against the jail where the man was being held.

In the days before he died, the man was transported to a hospital after he was seen behaving erratically. Prior to the erratic behavior, he had been seen smoking something that did not appear to be tobacco-related. Upon his return from the hospital, he was returned to the same unit where he had apparently obtained illegal drugs.

The unit where the overdose occurred reportedly suffers from a shortage, or even absence, of security staff. A few days after returning from the hospital, the man collapsed and died from an apparent fentanyl overdose. Charges against the jail include failure to protect the inmate and failure to prevent the presence of illegal drugs within the jail.

The job of security staff in a correctional facility is to protect the well-being of prisoners in their charge. Failure to perform this task properly can result in injury or death of inmates in Louisiana. Losing a loved one in such a manner can add disproportionately to the punishment intended as part of the imposed jail sentence. There is little solace for such a personal injury but a civil lawsuit against the party or parties deemed responsible could result in compensation for medical costs, end-of-life costs and other verifiable monetary damages.