Going to jail doesn't mean that you lose all of your rights. If you've been injured in a jail, you may have a right to sue the jail for your injuries. Here's what you need to know.
What Are Your Rights When You're in Jail?
If you're in jail, your rights include humane facilities and conditions, freedom from sexual crimes, appropriate medical care, and the right to report and be free from abuse. You may be able to sue if any of your constitutional rights are violated by prison officials. Guards and other staff who violate prisoners' rights could be sued as well.
In general, the process works the same as any other personal injury lawsuit. The reason that you can sue the jail is that they had a duty of care to you and were negligent in not upholding that duty of care.
What Legal Rights Do You Have to Pursue Your Claim?
There are several ways you can pursue a claim if you were injured in violation of your constitutional rights. Your first step is often to file a complaint with the prison. You can also file a federal civil rights lawsuit or file a personal injury lawsuit in state court.
Civil rights lawsuits seek injunctive relief and monetary damages. Injunctions can be ordered by courts to force prisons to fix the conditions that led to your injuries. Your damages include compensation for your medical bills, pain and suffering, and violated civil rights.
In many cases, you can't sue guards directly because of immunity. However, in case of serious misconduct, you may be able to sue the guard as well as the jail.
Can A Family Sue a Jail for Wrongful Death?
Injuries in jails could potentially lead to a wrongful death claim. The victim's family can sue a jail for failing to provide proper care to prisoners who get hurt or sick or for failing to prevent the incident that led to the injuries.
In a wrongful death lawsuit, the family can sue for their own losses, including funeral expenses, lost wages, emotional distress, and more. They can also sue on behalf of the deceased person's estate.
How to Sue a Jail
If you want to sue a jail, it's important to contact a personal injury lawyer as soon as possible. The process to sue a jail can be complicated, and you only have a limited amount of time to file your claim.
Contact a personal injury lawyer near you for more information.Share