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September 15, 2022
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Can an Injured Inmate Sue a Prison?

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When you’re involved in an accident caused by another individual’s negligent actions, personal injury claims provide an opportunity for compensation for all damages. A settlement allows you to deal with current and future medical expenses and eventual repair costs for damaged property, among other damages. 

The same principle applies to all individuals who are currently in jail or prison. Being an inmate doesn’t mean that you automatically lose all rights as a human being. You still deserve to be treated fairly and kept safe. When this doesn’t happen, you have a right to pursue justice. 

Proving Your Prison Injury Claim

When you’re a prisoner, taking legal action can be complicated. Normally, a civilian can stop and gather evidence, statements from witnesses, and pictures of injuries or property damage. You won’t be able to follow the same procedure when you’re an inmate. To be successful with your prison injury claim, you need to prove the following elements: 

  • The detention facility breached its duty of care, as they’re legally obligated to keep inmates safe, protect them from abuse, and provide appropriate medical care
  • The facility knew or should have known that a specific situation could have resulted in your injuries
  • Your injuries are the direct result of the facility’s actions or inactions

To prove you’ve faced these issues, you’ll need evidence. That’s why hiring an attorney is fundamental in this scenario. Your lawyer can gather evidence of wrongdoing and help you seek closure and justice. 

How Can a Lawyer Help Me?

A personal injury lawyer can help you in key ways when you’re hurt. They’re aware of your rights as a prisoner and can determine whether they were violated. They’ll also stop you from committing mistakes that could ruin your chances of being compensated. 

When it comes to evidence, remember that detention facilities have a video surveillance system. Obtaining relevant footage may be impossible for you as an inmate, but a lawyer can send a formal request and use video recordings as evidence that demonstrates the circumstances that led to your injury. 

Remember that defining the standard of care as a prisoner is difficult, and your opponents in this legal battle can take advantage of this factor. An attorney has knowledge of the legal system you need and is ready to argue in court about the expected standard of care for a specific facility. 

Reach Out to an Injury Lawyer

Feeling hopeless when a bad event takes place while you’re behind bars is a normal reaction, but that shouldn’t stop you from pursuing justice and compensation. At Fischer Redavid PLLC, we believe that no matter the situation, everyone deserves to be treated fairly. An inmate should never find themselves as the victim of assault, negligence, or abuse. 

When you’re ready to start with a free consultation, call 404-287-2856 to get started today. A loved one can also complete the confidential contact form on your behalf. Our consultations are free, so you don’t have to worry about being able to afford legal guidance. 

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Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.

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4601 Sheridan St. # 320
Hollywood, FL 33021

Call or Text: 954-860-8434
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3379 Peachtree Road, NE.
Suite. 760
Atlanta, GA 30326

Call or Text: 404-287-2856