Jail Injuries and Deaths
William J. Tuck is an injury lawyer who helps individuals and their families pursue compensation from those whose carelessness or wrongdoing has harmed them. In some cases, victims are hurt or lose their lives while incarcerated. You may be behind bars, but that does not mean that you give up your basic human rights to safety and respect. Mr. Tuck is an experienced Florence civil rights lawyer who also serves people in many other areas of South Carolina, including Hartsville and Darlington. He understands the severe pain and stress that these situations cause for both the person who is incarcerated and his or her loved ones. He fights tirelessly to hold accountable any people and entities who may be responsible for an accident or assault.Assert Your Rights after a Jail Injury or Death
Injuries and deaths in prison happen in a wide variety of ways. An incident of medical or nursing malpractice or an accident in the woodshop, among other examples, can have serious consequences for people involved. Squabbles among inmates and the failure to supervise violent offenders can also lead to physical attacks behind bars. In any of these situations, the injured person - and often his or her family - has a legal right to seek compensation from the government agency or the private company tasked with operating and maintaining the facility.
A person who is injured or killed due to mistreatment, neglect, or other inappropriate behavior by prison or jail staff has the right to sue the parties responsible for this violation of their civil rights. The U.S. Constitution gives all citizens the right to be free from cruel and unusual punishment, and the Civil Rights Act gives them the power to sue government agencies and officials for violating that right. Generally, a plaintiff bringing a claim under Section 1983 of the Civil Rights Act needs to prove that the defendant being sued deprived the plaintiff of a right secured by federal law and that the defendant did so “under color of law” or in an official capacity. In jail injury and death cases, this usually means showing that corrections workers acted with disregard or indifference to an inmate’s safety or purposely put the inmate in danger. These cases raise a number of questions related to sovereign and qualified immunity, which protect governments and certain officials from suit in some circumstances.
An inmate hurt in a South Carolina jail also has the right to sue any people or entities responsible under state personal injury law. It is important to note, however, that the state legislature has limited personal injury lawsuits against government agencies to those alleging “gross negligence.” This is a higher standard than the general negligence standard typically used in personal injury cases. Some state correctional facilities are operated by private companies, however, which are subject to the general negligence standard.Consult an Experienced Civil Rights Lawyer in Florence
If you or a loved one has been hurt while incarcerated, it is important that you seek capable legal representation. Florence civil rights attorney William J. Tuck has guided victims and their families through these complex cases for more than 15 years. His record of successfully fighting for the people whom he represents speaks for itself. Mr. Tuck is also available to assist victims who need a medical malpractice attorney or representation in another type of personal injury claim. Call 843-393-2201 or contact us online to arrange a free consultation. We are conveniently located in the historic old Bank of Darlington Building at 54 Public Square in downtown Darlington. Mr. Tuck serves injured individuals throughout South Carolina, including in Hartsville, Darlington, Marion, Chesterfield, Dillon, Cheraw, Bishopville, Lake City, Myrtle Beach, and Sumter.