If you or someone you love has been injured while in jail, an experienced New York prison injury lawyer can help you file a claim against the institution responsible. These claims, which are standard tort lawsuits under Section 1983 of the Civil Rights Act, may seek damages for medical bills, lost wages, and pain and suffering.
Dangerous conditions at state prisons and local jails contribute to injuries in custody in a variety of ways. These include overcrowding, inadequate staff training and supervision, insufficient evacuation planning in the event of a fire, and failure to provide adequate food, water, and sanitation. Regardless of the cause of your injuries, an experienced lawyer can investigate your case, request records, and gather evidence. They can also represent you in negotiations with the institution and other parties involved.
A legal expert can deal with prison red tape, dangerous jail conditions, and uncooperative officials in a way that you or your family can’t. This makes them an invaluable asset for those who are incarcerated and seeking justice through civil action. They can even pursue compensation for medical negligence, wrongful death claims, and more.
Inmates are exposed to a number of hazards while in jail, including violence from other prisoners. These attacks can range from petty shoving to assault with a weapon and can cause moderate to severe injuries. They can also lead to psychological trauma, which may require psychiatric care and treatment. Prisoners are also at risk of accidents in transport vehicles, such as vans, buses, and cars used to transfer them to court or other appointments, from jail to medical facilities, or to outside work programs.
The primary reasons for in-custody injuries are often the result of failure to provide necessary care by jail or prison staff. Providing medical attention to sick and injured inmates is one of the most basic obligations of correctional facility staff. A lack of proper medical care can lead to severe complications and even death. An experienced jail injury lawyers can determine the appropriate level of damages to pursue.
A skilled attorney will interview witnesses who can support your claims. For example, if you were attacked by another inmate while in solitary confinement, statements from other inmates who heard the violent inmate tell guards of his plans to harm you can help support your injury claim. They can also serve as a shield against defense tactics, such as attacking your credibility and questioning your memory.
In addition to compensatory damages that cover the cost of incurred expenses, an experienced jail injury lawyer can seek punitive damages. These are intended to punish the defendant for particularly egregious misconduct and to deter similar behavior in the future.