Family Member’s Death in Prison: When a loved one dies in custody, the emotional toll can be overwhelming. If their death was caused or contributed to by negligence, you may be able to bring a civil claim for compensation. At O’Brien Criminal & Civil Solicitors, we help families hold the State accountable when prisons or health staff fail to protect vulnerable people in custody.
Read our other successful Civil Law Case Studies.
Can You Sue for a Family Member’s Death in Prison?
Yes, in New South Wales, close family members may be able to sue the State of NSW if a relative dies in custody due to negligence. This type of case often involves:
- Negligent medical care in prison
- Failure to monitor or supervise the person in line with safety protocols
- Delays in treatment or hospital transfers
- Cruel or inhumane treatment before or after death
Eligible family members, such as parents or siblings, can claim compensation for the psychological injury and trauma they suffered because of the death. These claims are made under NSW civil liability law.
Recent Case: Justice Secured for Family After Death in Custody
Our law firm recently settled a case involving the death of a man named in a NSW prison. His family, including his mother and three siblings, came to us devastated and looking for answers.
Case Summary
Oscar died from septic shock due to an untreated health condition. Despite being on a care plan requiring constant monitoring, he was left without help, food, or water while visibly unwell. His complaints were ignored, the CCTV in his cell was covered, and no staff intervened.
Outcome
O’Brien Criminal & Civil Solicitors filed a civil claim against the State of NSW. We argued that the prison and medical staff failed in their duty of care. The case resulted in a favourable settlement for Oscar’s mother and siblings, including Danny, recognising the psychiatric harm they suffered.
Read the full Case Study here.
How Our Civil Lawyers in Sydney Can Help with Suing for a Family Member’s Death in Prison
Our experienced civil lawyers in Sydney can help you:
- Investigate the circumstances of the death
- Collect evidence from inquests, health records, and internal reports
- File a compensation claim for psychiatric injury
- Negotiate with the State or take your matter to court if needed
We are trauma-informed, compassionate, and determined to get justice for our clients.
Talk to a Lawyer Today for Suing for a Family Member’s Death in Prison
If your loved one has died in prison and you believe negligence played a role, you don’t have to face it alone.
📞 Call (02) 9261 4281
📧 Email
💻 Enquire online for a confidential consultation.
