Jail & Prison Injury and Death Lawyers in Columbia

Fighting to Obtain Financial Compensation for Prisoner Abuse Victims and Their Families

The South Carolina jail and prison system must adhere to strict state and federal laws to ensure the personal safety of all prisoners and that they are cared for humanely. Unfortunately, inmate’s civil rights are often violated, and as a result, they suffer serious injuries or even death.

In some instances, other prisoners are to blame for an inmate’s injuries. However, many prisoners are frequently subjected to abuse or neglect by prison guards or other prison staff.

The Civil Rights Act of 1871 enacted federal laws that allow inmates the legal right to pursue financial compensation if their constitutional rights have been violated. This Act applies to incarcerated inmates in county jail or within the South Carolina Department of Corrections (SCDC).

If you have been injured or your loved one has suffered wrongful death while incarcerated, contact The Law Office of Joshua P. Golson, LLC in Columbia, South Carolina, and ask to schedule a free consultation to discuss your legal options.

Do Inmates Have Constitutional Rights in South Carolina?

There is a strong misconception that once an individual is incarcerated, they lose all of their constitutional rights. Although the jail or prison system was not meant to be a comfortable environment and often includes living in tight quarters, incarcerated individuals do have the legal right to live in humane conditions and be free of abuse.

Inmates have specific protections granted to them under federal and state law, including:

• Protection against the use of excessive force or violence.
• Protection from rape or sexual assault.
• Protection from being subjected to cruel and unusual punishment.
• Protection from being subjected to psychological or physical torture.

Prisoners also have civil rights, which include:

• The right to have access to food and water.
• The right to receive adequate medical care.
• The right to be free of racial discrimination or segregation.
• The right to lodge a complaint regarding living conditions while incarcerated.

Legal action can be taken against prison guards or other prison staff who are believed to have violated an inmate’s rights. Contact the Law Office of Joshua P. Golson, LLC, to learn more about inmate rights.

Why Are Inmates Injured or Killed in Correctional Facilities?

In a jail or other correctional setting, many factors can lead to inmates being injured or even filled. When the general public thinks of prison abuse, they often think of incarcerated people being harmed by other inmates.

However, even though many serious injuries can be attributed to other inmates, often correctional officers charged with maintaining order are to blame for injuries or death. Some of the most commonly cited factors that can lead to an inmate’s injury or death include:

• Indifference to suicidal ideation.
• Denial of medical treatment
• Rape or sexual assault
• Denial of adequate sleep, food, or water.
• Physical violence that includes asphyxiation or blunt force trauma.

Even though multiple factors can contribute to serious injury or death, deliberate indifference is often overlooked but equally important. Deliberate indifference occurs when prison staff fail to take action to address a prisoner’s medical needs or any safety concerns.

If you have suffered a personal injury or experienced the death of a loved one while they were incarcerated, contact our Columbia, South Carolina law offices and ask to schedule a free case evaluation so we can determine if you may take legal action.

Can Family Members File a Wrongful Death Claim if Their Loved One Died While Incarcerated?

If prisoners allege, they have suffered injuries or abuse while incarcerated, there are several administrative processes that must be followed. However, when family members lose a loved one to wrongful death while they are confined, they may be entitled to file a wrongful death claim.

Anyone who feels their loved one has died due to wrongful death must hire an experienced jail and prison injury and death lawyer who can thoroughly evaluate the case to determine if it meets the legal criteria to file a claim. An experienced lawyer can also determine what entity should be held accountable.

State law allows families up to three years from the date of the person’s death to file a wrongful death claim. The case will likely be thrown out if the family fails to file a claim within the prescribed time limit.

If you have a family member who has lost their life while in custody either due to lack of medical care, prison abuse, or serious injuries, contact the Law Office of Joshua P. Golson, LLC, and ask to schedule an appointment to schedule a free initial consultation.

Why Should I Trust Your Law Firm to Handle My Prison Abuse Case

Personal injury cases involving inmates can be challenging because all other administrative remedies must be exhausted before a lawsuit can be filed. Only after all other administrative processes have been completed is it possible to file a claim. Nevertheless, the legal process involved with a prisoner filing a lawsuit is overly complex and requires the assistance of an experienced attorney with a working knowledge of the law.

However, for example, suppose you or a family member have suffered physical abuse or failed to receive medical care at either Broad River Correctional Institution or Lee Correctional Institution. You may have a better chance of winning a personal injury claim if you are no longer an inmate. Be that as it may, just as with a wrongful death, individuals only have up to three years from the date the injury occurred to file a claim.

If you or your loved one has suffered injury or death, contact the Law Office of Joshua P. Golson, LLC, in Columbia, South Carolina, to schedule an appointment with our highly trained jail and prison injury or death attorney, who can give you a fair assessment and determine what legal strategies may be available.