If you have been injured or lost a loved one in a Florida prison, you may be entitled to compensation for your losses. Prison injuries can occur for a variety of reasons. After a prison injury, you must identify the liable party and explore your legal options. Our prison injury lawyers in Florida can help you seek to recoup compensatory damages for your injury-related losses.
Common Causes of Prison Injuries
Some of the common causes of prison injuries include:
- Staff mistreatment: The correctional staff at a prison may use excessive force when restraining inmates. This can result in serious injuries. Sexual assault by prison guards is another common problem for inmates, as well as deliberate indifference when an inmate's safety or health is at risk.
- Lack of medical care: Many prison inmates have existing medical conditions that require ongoing medication. Others may develop health issues due to unsanitary conditions in a prison. When proper medical care and treatment are not provided on time, this can further deteriorate the health of a prisoner.
- Assault by an inmate: Another common cause of prison injuries is fellow inmate attacks. These may be one-off incidents, a show of power by a prison gang, or a result of a personal grudge. They may also be motivated by a variety of other reasons. An attack by a fellow prisoner can inflict serious injuries on an inmate.
- Slip-and-fall: Slip-and-fall incidents are not uncommon in prisons. An inmate may slip due to a wet floor, debris, or poor floor design. As with any slip-and-fall, the incident can result in mild to serious injuries.
- Lack of sanitation: Many prisons have unsanitary living conditions that are conducive to infections, diseases, and other health issues.
Laws Related to Florida Prison Injury Claims
Prison injury claims can be of several types. The nature of your claim will depend on whether you were injured in a federal, state, or private prison. Unlike personal injury claims outside of prison walls, the claims arising from incidents within a prison are limited by specific laws.
Prison Litigation Reform Act (PLRA)
The Prison Litigation Reform Act (PLRA) is a piece of federal legislation enacted in 1996.
Under the PLRA, you can’t file a federal lawsuit as a prisoner unless:
- You have lodged formal complaints against your grievance with the prison authorities.
- You have sought all administrative remedies available for your grievance.
In other words, you can’t sue the prison officials until you have formally complained about your grievance and sought every possible remedy under the prison rules.
Federal Tort Claims Act (FTCA)
If you have already complied with the PLRA, you can then file a federal lawsuit against prison authorities. This is possible under the Federal Tort Claims Act (FTCA), which waives the legal immunity of federal prison employees.
Discover How Our Florida Prison Injury Lawyers Can Help
Here at Fischer Redavid PLLC, we believe everyone is entitled to the rights enshrined in the Constitution, and this applies to prisoners as well. If you have suffered a prison injury due to another party’s negligence, our lawyers can help you seek maximum damages.
$11.9 Million Settlement
Civil Rights / Pretrial Detainee / Medical Negligence
Our law firm obtained a global settlement of $11.9 Million from multiple at-fault parties, including corporations and government agencies, for our client who was a pretrial detainee in a county jail and the victim of medical negligence and deliberate indifference to his serious medical needs in violation of the Fourteenth Amendment.
$5 Million Settlement
Car Accident / Wrongful Death / Serious Bodily Injury
Our law firm represented a family who suffered a life-altering loss on Christmas Day. The patriarch of the family had recently become a grandfather. When all the family gathered at his house for Christmas festivities, he and his adult son ran out to the local gas station to grab soda and chips.
$5 Million Verdict
Rear-End Collision/ Car Accident
Our client was the rear-seat passenger in a car service arranged to take her back and forth to medical appointments. The driver of her car caused an accident and refused to call 911.
$3 Million Settlement
Truck Crash / Wrongful Death / Serious Bodily Injury
Our law firm represented the estate of one brother who died in a tragic truck crash, and his brother, who survived the crash. The two brothers were on a motorcycle headed home from band practice.
$2.5 Million Verdict
Uber Accident / Traumatic Brain Injury
Our client was a passenger in an Uber that was hit in a March 2018 car accident and suffered injuries. We filed a claim against Progressive insurance company and obtained a verdict of $2.5 million in a trial in Miami-Dade County, Florida.
$2.1 Million Verdict
Slip & Fall/ Child Injury
Our law firm represented a minor child who slipped and fell at a bowling alley while attending a cousin's birthday party. There was concern over her left knee.
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At Fischer Redavid PLLC, our team of personal injury and accident lawyers is equally focused on your legal experience and the results of your case. We want you to feel understood, cared for, and supported through every step of the legal process, from pre-litigation to post-resolution. With our firm, you’re not just a number, you’re a human being, and we’ll treat you that way.