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Home Locations Tucson Personal Injury Lawyer Jail Injury Death In Custody
When you lose someone at the hands of law enforcement, you feel betrayed. You may experience anger, resentment, and want to change what happened. While you cannot turn back time, you can seek compensation, hold the police accountable, and get justice for your loved one.
Whether a police officer directly contributed to their death, or the officer was negligent which led to your loved one’s death, it’s equally painful. You shouldn’t have to suffer more than you already are, because someone who was supposed to protect them, didn’t. If someone you loved died in police custody, you may be able to recover damages for you and your loved one.
When police detain people in custody, they may lose some rights, but they still have rights. According to the Eighth Amendment, while in custody, police officers and other parties should not subject detainees to excessive bail, fines, and cruel or unusual punishments. It is important to know what police custody actually means, police custody includes:
In addition to the Eighth Amendment, the law also requires police to read people their Miranda rights as they arrest someone. Detainees have these rights as a result of the famous case Miranda v. Arizona. Miranda rights include the following rights:
People in police custody have the right to medical care basic necessities such as food, water, and psychological assistance. If the facility does not provide these things or refuses to, you may have a valid wrongful death case.
For a free legal consultation with a death in custody lawyer serving Tucson, call 866-499-8989
While there are various ways people in custody can die, the most common cause of death in police custody in Arizona is homicide by police. The Arizona Criminal Justice Commission’s deaths in custody data show that from 2016 to 2020, police were responsible for 76% of detainees’ deaths, the majority of officers using their guns. Other causes of death in custody can include:
The rest of the deaths in Arizona custody are termed as other or unreported so the causes are not specified. The causes of death listed above, including homicide by officer, can all be grounds for a wrongful death in custody case because there is a possibility of negligence in each case.
For example, if an officer could have prevented your loved one’s death or they used excessive force, you may have an eligible case. Anything that shows negligence or force on the part of the police officers or facility can be valuable evidence for your claim.
Tucson Death in Custody Lawyer Near Me 866-499-8989
The statute of limitations for filing a wrongful death claim is lengthy enough to allow you to grieve your loss and still file a claim. From the day of your loved one’s death, you have two years to file a wrongful death claim. If you file after the two years have passed, your settlement amount will be lower, or you may not get one at all.
Although it’s best to file your claim as soon as possible, we understand the painful circumstances you are in, so it’s okay to wait a bit. Since it’s a wrongful death case, the defendant’s lawyer may be less likely to look negatively at the fact that you waited to file, because you are grieving.
When you file your claim shortly after the person’s death, it increases the chances of winning your case and the amount of settlement you could receive. It also ensures that evidence and your memory of what happened are the most accurate.
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If someone you loved died in custody, you can hold police officers, the police department, and the correctional facility accountable. If a specific officer used force on your loved one that led to their death, you can file a claim against a police officer. The police department may also be responsible if it failed to take action after supervisors witnessed the officer’s force.
In the claim you will have to explain the actions that led to the person’s death, the duty of care the party or parties should have provided and the compensation you would like to receive. According to A.R.S. § 12-612 immediate family members can file a wrongful death claim.
If no family members survive, a personal representative can file a claim on behalf of the person’s estate.
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You deserve justice for your loved one’s death and for yourself. In wrongful death cases, you can often receive compensation for yourself and your loved one. The reason for this is that the death of someone you love also affects you and has caused a disruption in your life.
Depending on the details of your case, you may be able to recover damages such as:
Sometimes there are other damages that correctional facilities and police officers don’t mention or want you to know about, but we are dedicated to finding all the damages you can receive. We will investigate your case thoroughly to determine which ones you qualify for.
We know that nothing can fill the vacancy your loved one’s death has left in your life. But if we can help you get compensation that can help you pay expenses related to your loved one’s death and other personal expenses, we hope it at least relieves some of your stress. At Zanes Law, we care about you and we are ready to fight for the compensation you deserve.
Call us or fill out the form on our contact us page to begin your free case evaluation today. We’ll review your case and contact you about the next steps toward justice for you and your loved one.
Call or text 866-499-8989 or complete a
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This was the 1st time I've used Zanes Law. It was a fantastic experience for having to go through a situation most would rather not. The attorney and staff were always available to answer my questions and explained things clearly and were obviously 100% in my corner. My attorney, Jim, was very genuine and made me immediately comfortable when I came in to speak with him about my case. Every case manager I dealt with was patient and helpful. I would definitely return to Zanes should the time ever come again that I need a personal injury firm.
Hello! As client of Zane law I was recently involved in accident last September and my recovery is still healing but Zane law checked on me and made sure everything was going smoothly and made sure I was on the right step every single time. I definitely would used them again ! They have helped my recovery so much and being a mom of 6 it has made my days alittle more better/easier! From chiropractor to message therapist and making sure I had that extra help like trauma counseling to get through my days! I thank you so much Rachel and Annabelle!
Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS
Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS
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When you think ‘lawyer’, there are probably a number of images and adjectives that cross your mind, some less pleasant than others. Call or text 866-499-8989 or compl...
READ MOREDoug Zanes shares advice on surviving a dust storm. Giant dust storms, popularly called “haboobs,” make for spectacular photos that everyone has seen shared o...
READ MOREAs a Tucson lawmaker proposes raising liability coverage required for motorists, personal injury attorneys at Zanes Law remind drivers to explore all of their options aft...
READ MOREReceive a Free, No-Obligation, Case Evaluation Now