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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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My question is the following: I had a nephew who'd been

Customer Question

My question is the following: I had a nephew who'd been imprisoned for committing The crime of murder. At the time it was determined he'd been mentally incapacitated by*****appointed. We the family had been trying for years to get him help here in the state of Florida but to no avail. Due to the presiding judges' incorrectly instructing The jurors, the sentences were overturned and new sentence given. Was then taken back to the same prison at which time his life was being threatened by inmates and guards. Within a month he was found dead in his cell although he was being guarded. The family members want to file a wrongful death lawsuit but we don't know how and what type of lawyer we need
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 10 months ago.

Good evening:

My name is ***** ***** I would be happy to provide general information regarding your question. As a reminder, all information provided here is for general purposes only and does not constitute advice.

I am sorry to hear of the situation you and your family are in. I hope the general information I can provide leads you in the right direction.

Regarding injuries and deaths that occur, a personal injury attorney is generally the most appropriate attorney. This is for two reasons. First, personal injury attorneys are the most expierenced and knowledgable in wrongful death investigation, claims, lawsuits and trials. They are most familiar with the appropriate legal standard of care that a patient (or other injured individual) is due and whether or not there is a breach of said duty.

Second, when an injury is caused by law enforcement personal or state actors (i.e., state governmental employees or entities), federal law may apply. These types of actions are called Section 1983 claims or suits (named so as it raised under Section 1983 of the United States Codes). With 1983 claims, as they are essentially personal injury claims that arise from state governmental actions or inactions, personal injury attorneys are most experienced in these claims as well. This includes the complex procedures that must be followed and the common defenses that are raised by defendants in 1983 claims.

Any questions based on this? If so, please ask.

Expert:  Legal-Kal replied 10 months ago.

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until the individual clicks ACCEPT and rates the assistance with three stars or higher.Your cooperation in this regard would be appreciated!

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***