What to Do After a Death in a California Jail: The First 10 Evidence Steps Families Should Take

Your family may be entitled to significant financial compensation when a loved one has wrongfully died in prison. The experienced Orange County jail death lawyers at the Skapik Law Group can work to hold the prison system accountable for what it did.

Before your family can receive a settlement or win a lawsuit, you must have evidence that proves that the prison system broke the law. This evidence can disappear in a hurry, especially when the authorities know that your loved one’s death could be the subject of a lawsuit. Below are the steps that you must quickly take after you have learned that your loved one died in jail to gather the evidence you may need for a lawsuit.

Hiring Skapik Law Group as soon as possible is the best thing that you can do when you are seeking justice. We can immediately get to work to take these steps on your behalf as you seek the answers that your family needs and the evidence that you must have to win a lawsuit. Call our team of attorneys at (909) 398-4404.

Write Down Your Own Recollections

You may have learned information from your now-deceased family member during visits or conversations with them. For example, they may have complained about neglect or feeling unsafe due to particular circumstances. You should remember and write down any recollections that you have of when they expressed their concern to you.

Demand Written Confirmation of the Official Cause of Death

Although the authorities’ description of the cause of your loved one’s death is not always dispositive, your family should request written documentation. You should also request any written incident reports and any other documentation. You should not rely on verbal explanations alone.

Pay Attention to the Autopsy

If the authorities have ordered an autopsy, you should obtain the records, along with those from any toxicology tests. Your family should consider hiring an independent coroner to conduct your own autopsy for results that may be more objective and trustworthy.

Direct Authorities to Preserve Evidence

Although the authorities are not allowed to destroy evidence, you must be on guard for any efforts to delete or somehow lose evidence that could prove what happened to your family member. When you hire an Orange County jail deaths attorney, they will send a letter to the authorities, directing them to preserve all evidence that may be relevant to the case. It is vital that this is done quickly to ensure that proof is not lost.

Obtain Jail Surveillance Footage

Many areas of a prison are recorded. If you are able to obtain this footage, it can not only help you learn more about what happened to your loved one, but it can also assist in your legal case. Prison video camera footage may get recorded over after some time, so it is essential that your jail death attorney directs the prison system to preserve it.

Obtain Incident Reports

California law makes prison incident reports public records, and they can be obtained upon request. You should file a request in writing to receive any instant reports relating to your loved one. However, the authorities may deny your request on the grounds that there is an ongoing investigation, or they may heavily redact the record that they sent to you.

Collect Medical and Mental Health Records

If your loved one’s death in prison was the result of a medical condition, the treatment records may have an impact on your case. You can request jail medical files with the intent of determining whether your loved one received the care that they need. In addition, you can also obtain outside hospital records if your family member was treated outside of the prison health system.

Identify and Locate Witnesses Early

You must at least identify prospective witnesses in a potential lawsuit as soon as possible. Prison authorities may know who potentially saw what happened and could testify against them in a lawsuit. As a result, they may move inmates quickly, so it is vital that you hire an attorney who can act with haste to potentially gain access to these witnesses.

Obtain the Internal Affairs Report

Again, under California law, any official investigation of your loved one’s death is attainable upon request. Assuming that there was an internal investigation after the death, you can seek a copy of the report. However, the authorities may argue that there is an exemption. Alternatively, your receipt of this report can be significantly delayed.

Hire an Orange County Jail Death Attorney

The best thing that you can do to obtain all of this evidence quickly is not to try to handle things on your own. When you immediately contact an Orange County jail death attorney, they will take over the investigation and evidence gathering on your behalf. You can focus on your grief and let your attorney work towards justice.

Contact an Orange County Jail Deaths Law Firm

Since time is of the essence, you should immediately speak to an Orange County jail death attorney at the Skapik Law Group. We are available to speak to you during a free initial consultation, which you can schedule by reaching out to us online or calling us today at (909) 398-4404. Begin to lock down and gather the evidence that you need before it disappears.