Suing for a Family Member's Death in Prison
Fighting for Families When the System Fails Their Loved Ones
Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
Our civil lawyers have a strong history of successfully representing families who have lost loved ones in custody. We have secured favourable settlements against the State of NSW, holding correctional and health services accountable when they fall short.
Civil Litigation Expertise
Our team has in-depth knowledge of NSW civil liability law and the complexities of custody-related compensation claims. We understand inquest processes, duty of care obligations, and the evidentiary challenges these cases involve.
Compassionate, Trauma-Informed Approach
We understand that every case involves a family in profound grief. We take the time to listen to your story, explain your options clearly, and build a strategy tailored to your circumstances and goals.
Flexible Payment Options
We offer flexible payment arrangements to ensure cost is not a barrier to accessing expert legal representation. Contact us to discuss your options during your free initial consultation.
Types of Death in Custody Claims We Handle
Negligent Medical Care in Prison
We represent families where a loved one died because prison or health staff failed to provide adequate medical treatment, including delayed diagnoses, failure to act on known conditions, or refusal to transfer for urgent hospital care.
Failure to Monitor or Supervise
If a person in custody died because staff failed to follow required monitoring protocols or safety procedures, the State may be liable. We investigate whether duty-of-care obligations were met and build a case on your behalf.
Delays in Treatment or Hospital Transfers
Unreasonable delays in treating a medical emergency or transferring a prisoner to hospital can be fatal. Where those delays contributed to a death, families may be entitled to compensation for the resulting harm.
Inhumane or Cruel Treatment
In cases where a person suffered neglect, deprivation of basic needs, or cruel treatment before their death, we can assist families in pursuing civil accountability against those responsible.
Other Custody-Related Death Claims
Every case is different. We handle a wide range of circumstances surrounding deaths in correctional facilities, including cases involving CCTV failures, uncovered cells, ignored complaints, and systemic neglect.
Meet Our Civil Law Team
Our legal team, led by Principal Solicitor Peter O’Brien, brings decades of combined experience in civil litigation on behalf of individuals and families. We understand the immense courage it takes to pursue justice after a loss, and we are committed to standing with families every step of the way.
With a history of advocacy in courts across Australia, including the High Court of Australia, our team has the depth of expertise to handle complex claims against the State. No matter the scale of your case, we will provide clear advice, a defined strategy, and determined representation.
O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists in Criminal and Civil Law, practitioners assessed and verified for expertise in their fields.
The Drug Offence Matter Claims Process
1. Free Initial Consultation
Contact our team for a free, confidential consultation. We will listen to what happened, explain whether you may have a claim, outline your legal options, and answer any questions you have about the process ahead.
2. Investigating & Building Your Case
If you decide to proceed, your lawyer will gather all relevant evidence, including coronial inquest material, medical and prison records, and witness information. We build a thorough and strategic case on your family's behalf.
3. Clear Communication Throughout
We keep you informed and involved at every stage. Your lawyer will explain legal processes in plain language and work collaboratively with you as your matter progresses. You will never be left wondering where things stand.
4. Pursuing a Resolution
Our lawyers work to achieve the best possible outcome for your family, whether that means negotiating a settlement with the State, engaging in mediation, or representing you in court proceedings.
Remember: Civil claims involving deaths in custody are legally complex and time-sensitive. Seeking expert advice as soon as possible gives your family the best chance of securing justice and accountability.
What to Do If Your Loved One Has Died in Custody
The period immediately following a death in custody can be chaotic and distressing. The following steps may help protect your family’s rights and legal options.
- Request Information from the Correctional Facility
- Ask the prison or correctional centre for information about the circumstances of the death, including whether a coronial inquest has been initiated. Keep a record of everything you are told and who you spoke to.
- Attend the Coronial Inquest
- Most deaths in custody are subject to a mandatory coronial inquest. The inquest is an important source of evidence. You may be entitled to legal representation at the inquest, and our lawyers can assist you in that process.
- Preserve Any Evidence You Have
- Keep any correspondence, documents, medical records, or communications you may have received from the prison or health services. Even seemingly minor information can be relevant to a civil claim.
- Seek Legal Advice Promptly
- Time limits apply to civil compensation claims in NSW. The sooner you consult a lawyer, the better position your family will be in. Contacting a lawyer does not commit you to taking action; it simply ensures you understand your options.
- Know Your Rights
- Close family members of a person who dies in custody may have the right to bring a civil claim for compensation for the psychiatric injury and trauma they have suffered. Our lawyers can assess your eligibility and advise you on the most appropriate course of action.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Drug Offence Law
Yes. In New South Wales, close family members may be able to bring a civil claim against the State of NSW if a relative dies in custody due to negligence. Eligible family members, such as parents or siblings, can claim compensation for the psychological injury and trauma they suffered as a result of the death.
Common circumstances include failure to provide adequate medical care, failure to follow required monitoring protocols, delays in hospital transfers, and situations where a prisoner's complaints about their health were ignored. Each case turns on its specific facts, and our lawyers can assess whether you may have grounds for a claim.
Claims are typically brought against the State of NSW, including Corrective Services NSW and NSW Health, as the entities responsible for the care and welfare of people held in custody.
Eligible family members may be entitled to compensation for the psychological and psychiatric harm they have suffered as a result of losing a loved one in custody. The amount will depend on the nature and severity of that harm. Our lawyers can give you a clearer picture of what may be recoverable in your specific circumstances.
Yes. Time limits apply to civil compensation claims in NSW. It is important to seek legal advice as soon as possible to ensure your claim is not affected by limitation periods. Our lawyers can advise you on the relevant deadlines for your situation.
A coroner's inquest is an independent inquiry into the cause and circumstances of a death, including deaths in custody. Inquest findings can be valuable evidence in a civil claim. We can represent your family at the inquest and use the findings to support your compensation claim.
No, you do not need to wait for an inquest to conclude before seeking legal advice or commencing a civil claim. However, inquest findings can strengthen your case, and our lawyers will advise on the best timing for your individual circumstances.
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