While a prisoner and inmate may not have the complete rights they enjoyed while they were not incarcerated, all prisoners are entitled to be treated in a manner that ensures they don’t have to undergo cruel punishment, to make sure they are not denied medical care and to provide protection from other inmates.
If you are injured in jail, or had a loved one who was denied reasonable medical treatment after a serious injury, then you may be able to file a claim. The best way to know if you have a case worth pursuing is to contact an attorney with experience representing these types of cases.
When Do You Have the Right to File a Lawsuit for Being Injured in Jail?
If you, or someone in your family, suffered harm while in jail, then you can voice your complaint. If you have a family member who dies while in jail because of negligence, the failure of a guard to protect them or misconduct of the guard, then you also have the right to seek damages.
Wrongful deaths that occur in prison can result from many different types of negligent actions from prison guards. In these situations, you may be able to file both a wrongful death and civil rights lawsuit. Being injured in jail can result in the need to do both of these things and ensure the responsible party is held responsible for their actions, or inaction.
What are a Prisoners Rights while in Jail and when Can a Suit be Filed for Being Injured in Jail?
Navigating various prisoner’s rights can be a complicated and confusing process. There are hundreds of different rules and laws that dictate what inmates are allowed and not allowed to do. According to rulings for previous lawsuits that involved prisoner rights and various cases of inmate right abuse, certain standards have been established regarding what rights inmates have. In some cases, it will require you to hire a seasoned lawyer who has worked on inmate rights cases in the past to understand how to peruse the case at hand.
Some of the reasons that you may be able to file a claim if you or a loved one was injured in jail include:
- The failure to monitor the inmate’s medical condition
- The failure to determine what medication was needed, or control medication at intake
- Not providing medical attention
- The failure to provide mental health resources or suicide watch
- The excessive use of force or guard brutality
- The failure to protect the inmate from other inmates
- The illegal use of tasers or chokeholds
If you are in prison, or have a loved one who is incarcerated, it is important to get to know what rights prisoners have and if those rights are not upheld. In some cases, you may think it will be challenging to find help for inmates who are injured in jail, but there are experienced and qualified lawyers who provide these services.
If you need help with a case after you or a loved one has been injured in jail, contact the team of attorneys at The McDaniel Law Group, PLLC by calling 202-331-0793.