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Protecting Injured Prisoners’ Rights in New York for 30+ Years
Although prisoners do not have full constitutional rights while incarcerated, they are still entitled to basic civil rights and protection from cruel and unusual punishment. The Eighth Amendment mandates that inmates maintain the right to access proper medical treatment, mental health care, and disability accommodations while imprisoned. Furthermore, prisons are obligated to protect inmates from correctional officer abuse, excessive use of force, prisoner abuse, physical or medical injuries, and sexual assault.
Unfortunately, these rights are violated all too often. Specifically, the Federal Bureau of Prisons has received national scrutiny for its role in subjecting inmates to unsafe conditions, unjustly putting their health and safety at risk.
If you or a family member has been attacked, assaulted, subjected to abuse, or otherwise injured while in jail, speak with a New York personal injury lawyer for inmates today.
The Jacob D. Fuchsberg Law Firm represents incarcerated clients who have experienced physical or emotional trauma. Our New York jail injury lawyers will help you stand up for your rights.
Defending Your Rights with a Prisoners’ Rights Attorney
If you have sustained a serious injury while in a prison facility, suffered worsening symptoms due to denial of medical care, or lost a loved one who was serving time in prison due to anything but natural causes, it is in your best interests to seek help from a prison injury lawyer. They can help you or your family member seek compensation for losses resulting from the injury, including medical treatment, loss of wages, and pain and suffering.
The state may be liable for paying for your personal injury claim if you and your attorney can prove negligence and deliberate indifference on the part of the staff or prison guards. However, keep in mind that the Prison Litigation Reform Act (PLRA) requires prisoners to exhaust prison administrative remedies before filing a lawsuit. This means that you must first attempt to resolve your complaint through the correctional facility’s grievance procedure and pursue all administrative appeals before taking legal action.
Common Injuries Sustained by Prisoners
Incarceration exposes individuals to various risks that can profoundly affect their physical and mental well-being, including:
- Physical assault
- Sexual abuse
- Medical neglect
- Psychological strain
- Unsafe environments
- Inadequate supervision
- Excessive use of force
Understanding these risks is essential for advocating for prisoner rights and addressing systemic issues within correctional facilities.
Included below are some common injuries sustained by prisoners, ranging from fractures and bruises to psychological trauma to even wrongful death.
Head Trauma
Serious head injuries can occur from assaults, falls, or other accidents within the prison environment.
Internal Injuries
Inmates can develop internal injuries — such as organ damage or internal bleeding — due to severe physical assaults or excessive force.
Severe Burns
Inmates may suffer burns from accidents or deliberate acts when they come into contact with hot surfaces or substances.
Untreated Infections
Inmates may suffer infections due to negligence in the facility providing timely medical care, leading to severe complications like sepsis.
Failure to Diagnose Serious Conditions
Medical staff may fail to properly diagnose serious health conditions, resulting in delayed treatment or worsening of the condition.
Wrongful Death
Wrongful death is a tragic outcome within correctional facilities, often resulting from factors like medical neglect, inadequate supervision, or violence.
How Do You Prove a Prison Injury Claim?
It may be challenging to report abuse and gather evidence when you’re incarcerated. However, our attorneys will help you obtain photographic or video evidence, witness statements, and medical records to ensure you receive the best representation possible.
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