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Can You Sue for Injuries that Occurred While in Jail?

Personal Injury AttorneyJust because you are incarcerated does not mean you don’t have rights. If you were injured while in jail or prison, you may still have a valid lawsuit.

While you do have options, you are limited as to how you can collect for your injuries; therefore, it is best to consult a personal injury attorney before pursuing action against the jail.

Section 1983

The Civil Rights Act, Section 1983, states that any civilian, which includes incarcerated individuals can sue for injuries or harm caused by state or local government individuals. These suits include things like recovery from police brutality, but can also be used for injuries that occur while incarcerated.

You are protected under the Eight Amendment to be free from cruel and unusual punishment. And, if you sustain injuries while in jail or prison, that could be a direct violation of your Eight Amendment right. But, if you were injured due to an unreasonable seizure or lawsuit, then you can sue for a violation of your Fourth Amendment rights.

Your attorney must sue under Section 1983 in state or federal courts. This, however, can only be used for injuries that were caused by a government official – such as a police officer or jail representative. If you suffer injuries from other inmates, Section 1983 does not apply.

Read: How Long Does It Take To Get Paid In A Personal Injury Case?

Other Tort Claims

If Section 1983 doesn’t apply to your case, your attorney still has options. You can try to sue for injuries under regular state tort laws, and you may sue if the prison was a privately owned facility.

The Problem with Incarceration Injuries

Injuries while in jail are very difficult to prove; therefore, it requires a skilled attorney. You will have to prove that the jailers operated negligently or purposely caused your injuries – and you cannot just rely on negligence. Negligence does not qualify for an instant lawsuit, especially against the government.

Because suits against the federal government or prisons are so complicated, you need a skilled personal injury attorney. Fetterman & Associates, PA has a team of experienced personal injury lawyers in West Palm Beach, FL that can assist you with your case.

Call us today at 561-845-2510 for a free consultation and case evaluation and let us help you determine if you have a valid lawsuit for your incarceration injuries.


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