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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
Incarcerated individuals are at significant risk for head trauma due to factors such as assaults, falls, or other accidents within the prison environment. These injuries can range from mild concussions to severe traumatic brain injuries (TBIs), potentially leading to long-term cognitive impairments, emotional difficulties, and physical disabilities.
Internal Injuries
Severe physical assaults or the application of excessive force within correctional facilities can result in internal injuries among inmates. Without prompt medical evaluation and intervention, internal injuries can lead to significant morbidity or mortality, underscoring the need for vigilant monitoring and timely healthcare provision in prisons.
Severe Burns
Inmates may suffer severe burns from various incidents, including accidental contact with hot surfaces, exposure to hazardous substances, or deliberate acts of violence. Such injuries can cause extensive skin damage, infections, and scarring, necessitating immediate and specialized medical care. The prison environment's constraints often delay treatment, increasing the risk of complications and prolonged recovery periods.
Failure to Diagnose Serious Conditions
Medical negligence in NYC correctional facilities has led to numerous cases of advanced-stage cancer going undiagnosed or untreated. Across Rikers Island, MDC Brooklyn, and New York State prisons, delayed cancer diagnoses have drastically reduced inmates' survival chances.
Untreated Infections
The prevalence of untreated infections in correctional facilities is a significant concern, often stemming from inadequate medical care, unsanitary living conditions, and delayed access to healthcare services. Minor wounds or illnesses can escalate into severe infections, such as sepsis, if not promptly and properly treated.
Vision Loss
Cases of preventable blindness have emerged throughout New York's correctional system. In facilities like Rikers Island, MDC Brooklyn, and regional county jails, inmates have lost their vision due to delayed treatment and inadequate medical response to eye injuries and conditions.
Paralysis
Many incarcerated individuals in Rikers Island, county jails around NYC, MDC Brooklyn, and NYS state prisons have experienced paralysis resulting from assaults, accidents, or insufficient medical treatment. The lack of prompt and adequate medical response contributes to these life-altering conditions.
Amputations
Inmates in facilities such as Rikers Island, county jails around NYC, MDC Brooklyn, and NYS state prisons have suffered amputations due to inadequate medical attention or severe injuries. Negligence in providing timely and appropriate care often leads to infections or complications necessitating limb removal.
Wrongful Death
Inmate deaths have occurred at an alarming rate across New York's detention facilities. Rikers Island, MDC Brooklyn, and state prisons have reported numerous preventable deaths resulting from medical negligence, inadequate supervision, and systemic failures in providing essential care.
Other Catastrophic Injuries We Work With
In addition to the previously mentioned injuries, incarcerated individuals in facilities such as Rikers Island, NYC county jails, MDC Brooklyn, and NYS state prisons may also experience other catastrophic injuries due to systemic failures, including:
- Spinal cord injuries: Trauma from violence or accidents can result in spinal cord damage, leading to partial or complete paralysis.
- Electrocution: Exposure to faulty electrical systems or deliberate harm can cause severe electrical injuries, potentially resulting in cardiac arrest or nerve damage.
- Psychological trauma: Continuous exposure to violence, abuse, or neglect can lead to severe mental health issues, such as post-traumatic stress disorder (PTSD), depression, or anxiety disorders.
These injuries often stem from systemic failures within correctional facilities, leading to prolonged suffering and preventable harm.
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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