Pursuit of Justice for Family of Aboriginal Woman Who Died in Custody

Danny* faced a heart-wrenching ordeal following the death of his sister, Tracey*, an Aboriginal woman. The woman died in custody, leading to immense grief and trauma for Danny. This case involves a nervous shock and compensation claim arising from Tracey’s death. Danny, along with other plaintiffs, pursued legal action for suing state for death in custody. In addition to suing the State of New South Wales, Danny and the other plaintiffs also sued the pharmacist.

What happened to the woman who died in custody?

Tracey died while in custody in NSW, triggering a series of distressing events for her family. The plaintiffs, deeply affected by the death in custody, filed a lawsuit against the State of New South Wales. The defendants were the police, and the pharmacist involved in the case. The family sought justice and compensation for the immense emotional and psychological impact of Tracey’s death.

Suing state for death in custody

The Supreme Court of New South Wales oversaw the case. The plaintiffs, including Danny, represented by O’Brien Criminal and Civil Solicitors, detailed the severe psychological trauma they experienced. They provided comprehensive particulars of the injuries and ongoing disabilities Danny faced, including:

– Chronic major depressive disorder due to severe traumatic bereavement.
– Persistent hopelessness and suicidal thoughts.
– Severe insomnia and marked social withdrawal.
– Emotional numbness and significant weight loss.
– Hypervigilance regarding his and his family’s safety.
– Deep resentment, guilt, and preoccupation with the death.
– Poor concentration and pervasive anhedonia.
– Reduced quality of life and loss of enjoyment in social activities.

Suing state for death in custody

The Medical and Psychological Impact of the death in custody

Danny’s ongoing struggle with severe depression and grief required extensive medical and psychological support. As a result, he had to pursue action for suing state for death in custody.

Recommendations from a psychiatrist included:

– Regular psychiatric sessions costing between $350 to $400 per appointment.
– An antidepressant regime costing about $50 to $100 per month.
– Grief counseling with a psychologist, estimated at $250 per session, for twelve to eighteen sessions or longer.

Suing state for death in custody

Danny, along with the other plaintiffs, sought compensation for non-economic loss due to the profound impact of Tracey’s death. The case highlighted the severe emotional and psychological toll on the family, emphasizing the need for accountability and proper conduct within the custodial system. Through this legal action, Danny aimed to achieve justice for his sister and bring attention to the issues surrounding her tragic death.

Civil lawyer for suing the state

If you or someone you know has been a victim whilst in custody of the state, get in touch with our civil lawyers today. To get in touch, please call (02) 9261 4281, or email . We can help arrange a free, confidential consultation for you.

We are here to support you every step of the way in your journey towards justice and healing for suing state for death in custody.

Read our other Civil Case Studies here. 

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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