Jail Injury or Neglect Lawsuit
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Jail Injury
When a person is in jail or prison they lose their freedom of movement, but they do not lose their constitutional right to be free from cruel and unusual punishment. A person in custody retains the right to be free from excessive force and sexual assault, and to receive treatment for their serious medical needs.
This means that prisoners cannot be abused, and cannot be neglected. Yet all too often that is exactly what happens. Every day inmates across the country are physically and sexually assaulted, often by the guards who are supposed to keep them safe. And inmates repeatedly fail to receive medical care they clearly need. This must end.
If you or a loved one was injured while incarcerated, give us a call. You may be eligible for compensation, and we want to fight for you.
A Serious Problem
Our civil rights attorneys have unfortunately encountered many forms of prisoner abuse and neglect, including but not limited to:
- Denial of medical care. No matter the reason or situation, withholding these basic needs cannot be justified in the name of discipline or maintaining order.
- Excessive force by jail or prison staff. Unreasonable use of force that causes serious injury to inmates is not permissible.
- Sexual assault by prison staff.
- Deliberate indifference to suicidal ideation. If an inmate expresses the desire or intention to take their own life, the jail is required to take appropriate action.
These are just a few of the kinds of cases we’ve seen. Every single one is a serious civil rights violation, and each one is potentially grounds for legal action that may result in compensation being awarded.
Fighting for Justice
If you or a loved one has suffered abuse or neglect while in prison, it can feel like you have nowhere to turn, no one who will take you and your case seriously. But that’s not true.
Morgan & Morgan civil rights attorneys know that everyone deserves respect, dignity, and to have their civil rights protected. We are ready to fight for justice and compensation for you and your family, and our services are always free unless we win.
The consultation is also always free, which means that no matter your financial situation, you can afford a great legal team. Call today, we’re available 24/7.
Find Out If You Are Eligible for a Jail Injury Lawsuit
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
A family member recently died in jail because of an infection. He repeatedly asked for medical treatment, but was denied. What can we do?
You may have a case for a lawsuit and compensation. A jail or prison is required by law to provide the medical needs of their inmates. Failure to do so is constitutionally prohibited cruel and unusual punishment, and when it leads to injury or death, the prison can be found liable and forced to pay compensation.
How much time do I have to file a claim?
Every state has specific statutes that limit the time that you have to bring a claim for personal injury, and these periods apply to jail cases as well. But if the victim is still in custody there are additional laws requiring the use of the jails’ grievance system before a claim can be brought, and those often have very short time periods during which a claim is allowed. You should file a grievance and contact an attorney, immediately.
A prison guard assaulted me because I said something that made him angry. The beating resulted in broken bones. Do I have a case?
Any time a guard uses unnecessary or excessive physical force and causes injury, the jail or prison should be liable for those damages. So yes, you do potentially have a case. Call today for a free case review.
How can I afford to go up against the government?
Morgan & Morgan is the largest personal injury firm in the country, and we have the ability to pursue cases against anybody, including the government. With us, you can afford to take on the government and demand justice because you don’t pay anything up front or throughout the course of the case. You only pay when we win.
Why Is It Important to Wait Until I Reach MMI?
The primary reason for waiting until you reach MMI is to ensure you receive full compensation for your injuries or illness. This is because when the insurance company is responsible for compensating you for your injuries, they will likely want to process the settlement as soon as possible to prevent your medical bills from piling up.
In order to fully understand how much compensation you are entitled to, you will need to go through the entire treatment process. Then, when your doctor decides that no further improvement is possible, you may bill the insurance company for the medical expenses incurred.
Accepting a quick settlement could put you in serious financial trouble. This is because once you sign the release of settlement agreement, the case is considered closed. As a result, you cannot recover additional compensation even if you later discover that the settlement you accepted was way below the actual value of your case.
My Insurance Company Is Forcing Me to Accept a Settlement. What Should I Do?
Do not accept a premature settlement from an insurance company even if you are under pressure to do so. These companies know that the sooner you sign the settlement offer, the less money they will need to spend on your medical expenses. If you or your loved one is under pressure to accept a settlement offer from an insurance company, talk to our attorneys about it. We will review the specifics of your case and inform you on how to proceed.
Who Decides Whether I Have Reached MMI?
Your doctor will determine whether you have reached MMI. They will also review your condition to decide whether or not you will need regular checkups or other medical procedures in the future, such as surgery. As a result, this information could influence the settlement amount you may be entitled to. For example, if you need additional medical procedures in the future, the attorney will include this expense in your claim.
What Happens After Reaching MMI?
After reaching MMI, your doctor will review your condition and assign you a disability rating. This rating reflects the doctor's opinion on the severity of your injury. Disability ratings are usually provided in the form of percentages. For instance, if you suffered arm injuries with a disability rating of 30, it means that your hand is 30% disabled and 70% functional.
What is the Purpose of a Disability Rating in Personal Injury Cases?
Having a disability rating helps provide insight into the kind of injuries you sustained and, most importantly, how limiting such injuries are. Your employer can also use this information to understand the tasks you can or cannot do while at work. And finally, attorneys and insurance companies will use this information to determine the amount of compensation you may be entitled to.
Can I Challenge My Doctor's MMI Designation?
Yes, you can. Sometimes, your doctor might not fully grasp the extent of your injuries. If you disagree with your MMI rating, we might be able to help. Our attorneys will review your condition and involve medical experts to determine the most appropriate MMI rating for you. If we establish that your doctor's rating is inaccurate, we might be able to help you obtain a better rating.
It is also important to note that insurance companies can dispute your rating. In that case, an experienced attorney from Morgan and Morgan can fight for your rights, ensuring you maximize your claim.
The Insurance Company Wants Me to Sign Some Paperwork in Order to Process My Claim. What Should I Do?
When you have suffered significant injuries due to someone else's negligence, you must be careful with how you deal with insurance companies. One thing you need to know is that these companies will seem caring, understanding, and sympathetic, but that is not always the case.
That said, it is never advisable to sign any paperwork offered by an insurance company — or any other party for that matter — if you do not fully understand its contents. Instead, to avoid jeopardizing your claim, contact a Morgan and Morgan attorney.
How Much Will Morgan and Morgan Charge Me to Review My Case?
At Morgan & Morgan, we understand how painful it is to deal with such injuries. They can drain you physically, mentally, emotionally, and also financially. For this reason, we provide a free case evaluation. In addition, if you have a valid case and choose to hire our attorneys, you will not owe us anything if we do not win.
Reaching MMI provides a clearer perspective of your medical condition. No matter what the insurance company says, do not accept any settlement offer. If you feel pressured to accept a settlement, fill out our free case evaluation form. One of our legal representatives will review your case and get in touch to discuss your options.