At Evans Moore, LLC, we all too frequently receive a call from a heartbroken family member or friend regarding the death of a loved one within a detention center, jail, or prison. If someone is denied access to medical care for a serious medical condition and later dies, the family of the decedent often has grounds for a wrongful death lawsuit, and in some circumstances, a medical malpractice and/or civil rights lawsuit. One reason being that the inmate is 100% reliant on medical staff and correctional staff to provide him or her with access to medical care.
Handling a lawsuit against a detention center, jail, or prison is particularly complex due to the number of rules and regulations that govern these facilities. Your lawyer needs to know what questions to ask and how to locate and gather video surveillance, applicable policies and procedures, medical records, investigatory files, and other evidence. Your lawyer should also have access to qualified correctional and medical experts who can assist you in effectively litigating your case before a judge and jury.
If a loved one or family member dies in a jail, detention center, or prison, it is crucial that you contact a lawyer immediately who has experience handling this specific type of case. Time is of the essence for a number of reasons. You have the right to demand that an autopsy be conducted. Without a reliable autopsy, it can be very challenging to prove the manner of death. Another reason why it is important to contact an experienced, qualified attorney is to help preserve any evidence regarding the circumstances leading to his or her death. You or your lawyer should immediately serve the correctional facility with the appropriate “Do Not Destroy” letter. Many times, the video surveillance, photographs, and other evidence is destroyed, deleted, or misplaced. If a “Do Not Destroy” letter is properly served, you may have additional rights and advantages in the event the evidence you requested to be saved is destroyed or no longer available. Additionally, a majority of deaths within jails or prisons in South Carolina are investigated by the South Carolina Law Enforcement Division (SLED). Your attorney can act as a liaison between you and SLED to ensure that SLED is informed of any relevant information you possess in hopes that the facility is held accountable. Finally, there are statutory limitations on how much time you have to file suit for wrongful death. Although it is difficult to think about finding a lawyer when someone you love has just died, acting quickly is the only way to ensure that your rights are preserved.
Before bringing a wrongful death case, you should consider the following:
- Jail or Prison? You or your lawyer must determine whether your loved one or relative was in a detention center/jail or prison at the time of his or her death. Prisons generally house people found guilty of felonies, or serious crimes subject to a year of incarceration or more. Jails generally house misdemeanor offenders and people charged with crimes awaiting trial. If the person has not been convicted, most civil rights actions will be filed pursuant to the 14th Amendment to the U.S. Constitution. If the person is convicted, most civil rights actions will be filed pursuant to the 8th Amendment to the U.S. Constitution. Additionally, most jails and detention centers in South Carolina have private, for-profit medical providers contracted by the county to provide medical services to the inmates and detainees. Filing a lawsuit against a private, for-profit medical provider can have many advantages. For examples, private, for-profit companies generally are not afforded with protections and immunities that the government possesses.
- State or Federal Prison? Some criminal acts are federal offenses only and some are both state and federal. If your relative or loved one is in a federal prison, any lawsuit or claim would generally be filed pursuant to the Federal Tort Claims Act, which requires that certain steps and procedures to be taken to protect your rights.
- Abuse, Neglect, and/or Medical Malpractice? One example of abuse is when a person dies due to excessive use of force by correctional staff. Examples of excessive force can be use of a taser, use of a chemical munitions, use of a restraint chair, or other types of restraints that cause positional asphyxia or suffocation. Examples of neglect are when correctional or medical staff fail to take the necessary steps to protect an inmate — medically, mentally, physically, or emotionally. For example, in the case of a suicide it may still be possible to recover for failure to monitor an inmate and/or provide access to medical care, including mental health care. Another example of medical neglect is when a person is going through alcohol or drug detox and suffers from deliriums tremors or “DTs.” Alcohol and drug withdraw is a serious medical condition that often causes death with detentions centers and jails. The correctional institution is responsible for keeping inmates safe from each other and even themselves.
Law enforcement misconduct victims’ families have options to hold the system accountable for its mistakes.
Details of your case will determine what damages are available in a wrongful death lawsuit. Generally, family members may recover actual and compensatory damages, which includes damages for the pain and suffering your loved one endured leading up to his or her death, as well as any damages you have suffered as a result of losing a family member or loved one. Punitive damages can also be recovered under certain circumstances to punish the jail or prison for its misconduct.
If your loved one or family member has died in a detention center, jail or prison, you have the right to shed light on any injustices he or she suffered. At Evans Moore, LLC, our attorneys will work with you to develop a comprehensive legal strategy against the officials or correctional facility responsible for the misconduct that you or a loved one has been made to suffer. Our goal is to hold the responsible party accountable, to ensure that it does not happen again, and to work as hard as we possibly can to fully compensate your for your loss. Contact us at (843) 995-5000 to speak with an attorney and to learn more about your potential options.
Charleston, S.C. – Evans Moore, LLC is pleased to announce that James B. (Boo) Moore III was selected by his peers as one of the top attorneys for Personal Injury in the Charleston area. The voting was part of the process in determining Charleston Business Magazine’s 2017 Legal Elite of the Lowcountry.
Legal Elite gives every attorney who lives and works in the Charleston area the chance to participate, and attorneys are not allowed to vote for themselves. The winners are drawn from a pool of peer-nominated candidates and regarded as among the best in their fields.
James B. Moore III is partner at Evans Moore, LLC. He is admitted to all state and federal courts in South Carolina, as well as the U.S. Court of Appeals for the Fourth Circuit. Since his entry into private practice, he has obtained significant recoveries in the form of verdicts and settlements for individuals in many different types of cases, including trucking accidents, car accidents, civil rights violations, sexual assaults, police misconduct and excessive force, wrongful arrest and false imprisonment, jail and prison negligence, medical and hospital negligence, nursing home negligence and abuse, negligence at schools and summer camps, college hazing abuse, pharmaceutical errors, and premises injuries.
About Charleston Business Magazine Charleston Business Magazine is a resource for Charleston area business leaders, rising stars, entrepreneurs, and any people or groups that have a vested interest in the success of the Charleston business community. The magazine highlights what’s new, what’s developing, and what’s being debated in board rooms, legislative chambers, and office hallways. It shares information about who’s making a difference in the Lowcountry, from prominent Charleston corporations to thriving nonprofits and fledgling startups.
For the second consecutive year, trial attorneys Scott C. Evans and James “Boo” Moore III of Evans Moore, LLC were recognized as 2017 Super Lawyer’s “Rising Stars,” a list of the top up-and-coming lawyers in South Carolina.
Super Lawyers is a Thomas Reuters rating service that ranks outstanding lawyers in more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The annual service selections are made using a rigorous, multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer-reviews by practice areas.
There were 772,000 vehicles in the U.S. that were affected by a broadened recall issued by Japanese automaker Honda Motor Co., due to concerns about the potentially dangerous Takata airbag inflators that the vehicles have, a Fox News article reported on January 11.
According to reports, the recall was announced on January 10 after determining which vehicles have the Takata inflators installed in the front passenger seats. The faulty inflators could cause the airbags to burst and have been linked to more than a dozen fatalities and hundreds of injury complaints. The number of recalled vehicles in this expanded group has now reached an estimated 1.29 million vehicles. At least 15 models of Honda vehicles are affected by the recall. Over 100 million vehicles worldwide, 69 million of which are in the U.S., have been recalled by 17 auto manufacturers since the first recall was issued.
The lawyers of Evans Moore, LLC know that many people suffer serious or fatal injuries in car accidents caused by auto defects. If this has happened to you, we may help you file a legal complaint against negligent manufacturers. Find out how we may possibly help you recover your losses today by calling (843) 995-5000.
An investigation was recently opened by the federal auto safety regulations offices regarding Jaguar Land Rover vehicles after several reports of the vehicles suddenly moving while in “park”, some including injured parties, were received by the National Highway Traffic Safety Administration (NHTSA), an article of Tech Times reported on January 3.
Reports said the NHTSA is investigating some previous models of Jaguar sedans and Land Rover SUVs that could roll away, even if the driver had shifted the transmission to “park” mode. The NHTSA’s Office of Defects Investigation has been notified of seven rollaway incidents, four of which have resulted in personal injuries. The investigation was opened for federal authorities and the car manufacturer to figure out if a recall is needed to address the issue.
If the reason for your injury was a defect in your car, it could be frightening to think about fighting a legal battle with such a large entity. Discuss your situation with the Georgetown legal team of the Evans Moore, LLC today by calling (843) 995-5000 to learn more about your options for representation.
About 8 million food processors sold nationwide are being recalled by a Stamford-based company due to concerns that their blades could break over time and inflict injuries on consumers, a December 13 article of cpsc.gov stated.
According to reports, Conair Corp. will replace the riveted blades of 22 models of Cuisinart food processors after receiving 69 reports of incidents involving blades chipping during use. Metal bits from the broken blade could mix with the processed food and result in personal injuries. The recalling company received 30 consumer complaints of mouth injuries caused by the broken blade pieces getting into food. Consumers who own the affected food processors were advised to refrain from using the product until the blade is replaced with a new one.
At Evans Moore, LLC, our Georgetown product liability lawyers understand how difficult it is to suffer personal injuries. However, if you are hurt by a defective product, we may be able to fight for you to help you receive compensation you need for recovery. Call us today at (843) 995-5000 for legal assistance.
Data from the National Highway Traffic Safety Administration revealed South Carolina has the third worst drivers in the country, an article of Post and Carrier reported on December 1.
According to the NHTSA, South Carolina was in the third spot for worst drivers four years in a row. Statistics revealed that South Carolina had 977 fatal accidents in 2015. This year, however, the state likely observed a reduction in fatalities. According to Sergeant Bob Beres, as of November 28, the state recorded 894 fatal accidents for the year, compared to 900 recorded by the same date last year. The South Carolina Highway Patrol has pledged to work toward its goal of preventing fatal crashes across the state.
The attorneys at Evans Moore, LLC understand that in Georgetown alone many people have to deal with great difficulties after sustaining injuries in car accidents caused by reckless drivers. If this happens to you, we can offer you legal assistance to help you pursue damage claims. Learn more about your options today by calling (843) 995-5000.
Former basketball player and Hall of Famer, Dennis Rodman, has been formally charged with four counts of misdemeanor offenses after being involved in an incident in June where he was accused of causing a vehicle to crash, a November 21 article of CNN stated.
Information coming from California Highway authorities revealed that the 55-year-old ex-Chicago Bulls player was suspected of driving in the wrong way on a freeway in Santa Ana. A vehicle that was in the correct lane reportedly swerved and crashed into the wall in order to prevent crashing Rodman’s vehicle. Rodman was later alleged of failing to coordinate with authorities and for driving with a suspended license. If found guilty of the charges, a maximum of two-year imprisonment awaits Rodman. Rodman was required to undergo alcohol program in the year 2000 after entering a guilty plea for driving while under the influence of intoxicants.
Many people are unfortunately at risk of suffering serious injuries when drivers become reckless while behind the wheel. However, if this happens to you, enlisting a skilled lawyer is important for you to possibly get remunerations you need for recovery. Call a Georgetown lawyer of Evans Moore, LLC today at (843) 995-5000 to learn more about your options.
A New York-based company is recalling their hummus products distributed in the U.S. and in Canada due to concerns that they may be contaminated with listeria bacteria, a report of USA Today stated on November 21.
According to reports, a voluntary recall was issued by Sabra Dipping Co. on some of their hummus products after Food and Drug Administration agents detected listeria bacteria in their food processing facility. The recall was issued even after the FDA reported that traces of listeria were not found in the finished products. Sabra received no notifications of incidents of injuries or illnesses linked to the affected hummus products before the recall was issued. A food recall is not new to Sabra; they also recalled their products last year due to the same problem.
Listeria bacteria can cause serious or deadly illness for children, the elderly, and people with weak immune systems. If you have been infected by listeria after eating contaminated food, a lawyer can help you obtain treatment funds for recovery. Discuss your situation with a lawyer at Evans Moore, LLC in Georgetown today by calling (843) 995-5000 to learn more about your options.
Evans Moore, LLC is excited to announce that it will be giving away free Thanksgiving turkeys to those in need. Our goal is to feed 100 families this year. If you know of anyone in the Georgetown area in need – please contact us by Friday, November 18th via Facebook or by calling our office at (843) 995-5000 to reserve your gobbler. Reservations will be honored first.
We are planning to pass out the turkeys on Tuesday November 22 between 10:00 AM and 12:00 PM at our office located at 121 Screven Street, Georgetown.
Please spread the word.
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