Losing a loved one is always painful, but when it happens behind bars because of neglect, abuse, or outright disregard, the grief comes with a deep sense of injustice. The Broad River Correctional Institution in Columbia, South Carolina, is an example of a facility where wrongful deaths may occur. Families in this situation deserve answers – and accountability. At Evans Moore, LLC, we stand with those who’ve lost someone in custody, fighting to uncover the truth and hold the right people responsible. Hire a South Carolina prisoner wrongful death attorney to help your claim.

Jails and prisons will do everything possible to cover up negligence or wrongdoing, but you don’t have to take their word for it. Your loved one’s life matters, and you have every right to demand justice. We’re here to help. Call (843) 995-5000 for a free consultation. Let our lawyers discuss what happened and share what legal options you have. You don’t have to go through this alone.

What Is a Wrongful Death in Custody?

When someone dies while in police custody, jail, or correctional facilities, there is always the question of whether that death could have been prevented. In far too many cases, inmates die because correctional officers, medical staff, or law enforcement fail to provide proper care or even use excessive force. A wrongful death in custody can happen for many reasons, including:

• Medical Neglect – Inmates have a constitutional right to medical care. That means prison or jail officials are legally required to get them treatment if they are sick or injured. Unfortunately, that does not always happen. Some inmates suffer and die because their medical conditions are ignored or dismissed.
• Excessive Force – Correctional officers and law enforcement have a duty to maintain order. Still, when they cross the line and use unnecessary or brutal force, it can lead to serious injuries or death.
• Suicide Due to Neglect – Jails and prisons are responsible for monitoring inmates who are at risk of suicide. They can be held accountable if they fail to do so or ignore clear signs of distress.
• Violence from Other Inmates – Facilities are responsible for keeping inmates safe, including protecting them from known threats. If your loved one was attacked and killed by another inmate due to lack of supervision or known gang violence, the prison or jail could be liable.
• Unsanitary or Unsafe Conditions – Overcrowding, lack of proper medical care, inadequate food, and overall dangerous conditions can contribute to preventable deaths.

Such deaths can be considered ‘cruel and unusual punishment’ under the Eighth Amendment.

If your loved one died in a South Carolina jail or prison and you suspect neglect or misconduct played a role, it is time to take action. Evans Moore, LLC can help you get the answers you deserve.

Wrongful Death in Custody: A Widespread Problem in South Carolina

The unfortunate reality is that wrongful deaths in custody happen far too often, leaving families devastated and searching for answers. Between 2015 and 2021, at least 777 prisoners died in South Carolina jails and prisons. Many of these deaths could have been prevented if facilities had taken proper precautions, followed medical protocols, and provided adequate supervision. Prison guards play a significant role in these wrongful deaths, as their actions or inactions can directly impact inmate safety.

When someone is incarcerated, they lose certain freedoms, but they do not lose their right to humane treatment, medical care, and basic safety. Jails and prisons must protect those in their custody. They should be held accountable when they fail – whether through neglect, abuse, or deliberate indifference. Prison abuse is a contributing factor to many wrongful deaths, highlighting the need for proper legal representation for victims. No family should endure this loss without answers, and no facility should be allowed to ignore its responsibilities.

Who Can File a Wrongful Death Lawsuit for an Inmate’s Death?

In South Carolina, only certain family members can benefit from a wrongful death lawsuit when an inmate dies due to negligence, abuse, or misconduct. Generally, the right to recover belongs to:

• The surviving spouse
• The deceased’s children
• The deceased’s parents (if there is no spouse or children)

However, the exclusive right to file a lawsuit under South Carolina law lies with the personal representative of the deceased’s estate, who does so on the beneficiaries’ behalf. If you are unsure whether you have the legal right to take action, we can help you understand your eligibility and explore your options for seeking justice on behalf of your loved one.

What Damages Can Be Recovered in a Prison Wrongful Death Case?

Losing a loved one in custody is heartbreaking, and when their death could have been prevented, families have the right to fight back. While no amount of money can bring them back, a lawsuit can help bring some sense of justice and ease the financial strain that comes with an unexpected loss. Financial compensation is important for addressing both emotional and economic damages incurred by the families. Families may be able to recover compensation for:

• Funeral and burial costs
• Medical bills related to their injury or illness
• The pain and suffering they went through before passing
• Loss of companionship, emotional support, and guidance
• The financial support they would have provided

Jails and prisons don’t like to take the blame. They drag out investigations, hide information, and try to make it seem like nothing could have been done to stop it. But the truth is, many of these deaths could have been prevented. That’s why having a strong legal team on your side is so important. We dig deep to uncover what happened, hold the right people accountable, and fight to get families the justice they deserve.

Challenges in Wrongful Death Cases Against Jails and Prisons

Going after a jail, prison, or law enforcement agency for a wrongful death isn’t easy. These cases come with many challenges that can make getting justice even harder. Some of the biggest roadblocks include:

• Jails and Prisons Hide Information – They drag their feet on investigations, leave out important details, or twist the story to protect themselves.
• Law Enforcement Tries to Dodge Lawsuits – Officers and prison staff often claim legal immunity, making holding them accountable for negligence or wrongdoing tougher.
• Investigations Aren’t Always Fair – In many cases, the same people running the jail or prison are the ones investigating the death, which makes it hard to trust the outcome.

The South Carolina Department of Corrections plays an integral role in these cases, providing the legal frameworks for inmate treatment and protections under federal laws.

At Evans Moore, LLC, we understand how to cut through the red tape and demand accountability. We have experience handling complex civil rights cases and are unafraid to take on powerful government agencies. Families deserve answers, and we are committed to fighting for justice.

Frequently Asked Questions About Wrongful Death in Custody

Losing a loved one in custody raises many questions, and it’s not always easy to get clear answers. Below, we address some of the most common concerns families have about wrongful death cases against jails and prisons.

How do I know if my loved one’s death was wrongful?

If neglect, abuse, medical malpractice, or excessive force contributed to their death, you may have a wrongful death claim. Deaths resulting from unusual punishment may also be considered wrongful. An attorney can help investigate the circumstances.

Can I still file a lawsuit if the jail or prison claims the death was from natural causes?

Yes. Many facilities try to label deaths as “natural” to avoid liability, but an independent investigation may reveal neglect or misconduct.

What if I was never notified of my loved one’s death?

Unfortunately, some families only learn about the death long after it happens. Legal action may be necessary to obtain information and accountability if this occurs.

How long do I have to file a wrongful death lawsuit?

The time limit to file a lawsuit depends on the case, but in South Carolina, you usually have three years to file a wrongful death claim. It’s essential to act fast – waiting too long can make it harder to get the evidence you need.

Can I sue if my loved one was in a private prison or a federal facility?

Yes, but different laws and procedures apply. Our firm handles wrongful death claims against both state-run and private prisons.

What happens if a settlement is reached?

If a settlement is offered, we will review it with you to determine if it fairly compensates your family. If not, we are prepared to take the case to court.

For answers to any questions about your legal options, contact Evans Moore, LLC today. We are here to give you the answers you need and fight for the justice your loved one deserves.

How Evans Moore, LLC Can Help

If you believe your loved one’s death in custody was unlawful, taking immediate legal action is critical. Contacting an experienced South Carolina prisoner wrongful death attorney as soon as possible can help protect your rights and build a strong case. What do you do if your loved one dies in jail or prison? Here is how we can help:

• Conduct a Thorough Investigation – We collect the necessary evidence, medical records, security footage, and witness statements to uncover the truth.
• File Legal Claims – We take action against the responsible parties, whether the prison system, law enforcement, private correctional contractors, or medical staff.
• Work with Experts – We collaborate with medical professionals, forensic specialists, and corrections experts to prove negligence or misconduct.
• Fight for Justice – Whether in court or through a settlement, we work tirelessly to hold those responsible accountable and make sure your loved one’s death does not go unanswered.

Our firm has experience representing families in wrongful death cases, and we understand the deep pain and frustration that comes with losing someone to a system that had a duty to protect them. You do not have to face this battle alone – our South Carolina prisoner wrongful death lawyers are here to help.

Contact a Wrongful Death Lawyer Today

Losing a loved one in custody is painful, and you should not have to search for answers alone. Jails and prisons often conceal the truth, but at Evans Moore, LLC, we don’t let them get away with it. Our team of prisoner wrongful death lawyers in South Carolina can uncover what happened and fight to hold them responsible.

Your loved one’s life mattered, and your family deserves justice. Don’t let officials sweep this under the rug. Call (843) 995-5000 for a free consultation with our prisoner wrongful death attorneys in South Carolina, or visit our contact page to get started.