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Liability for Inmate Accidents

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Who Is Responsible When Inmates Start to Fight Each Other in Prison or Jail?

If you are in prison, in jail, or otherwise incarcerated for criminal action, you definitely understand that you are not in charge of what happens to you on a daily basis. Prisoners and inmates are literally at the mercy of every administrator in the hierarchy at the prison. Sometimes, an inmate is also under the influence of any “Camp Boss,” “Yard Boss,” or just a person or group of people who are actually permitted to run the prison, behind the scenes. This is important to point out, because if you are housed at a prison, it is supposed to be the liability of the prison administration to keep you safe at all times. But this does not always work out the proper way. If you are injured while incarcerated, you may suffer serious personal injuries while you are behind bars. You may also suffer a personal injury due to:

  • Failure to be treated at a hospital
  • Failure to provide you with necessary mediation
  • Drug overdose
  • Raped
  • Forced sex against you
  • Sexual abuse
  • Death due to drug overdose
  • Wrongful death
  • Killed in jail
  • Died in jail for failure to provide medical attention

If you or your loved one has suffered a personal injury or wrongful death while in prison, jail or being incarcerated at a correctional facility, you can call us immediately at the DTLA Law Group at 855.339.8879.

Guards and Correctional Officers Abuse Assault and Battery Against Inmates

There is a definite hierarchy of control and officers at a correctional facility, and these officers are there to help keep the peace and keep all of the inmates safe at all times in the correctional facility. The main person in charge of a prison is the prison warden. After the warden, there are other administrators who help with the daily functioning and running of the prison facility, such as the:

  • Associate Wardens
  • Camp Administrator
  • Associate Warden of Custody
  • Associate Warden of Operations
  • Associate Warden of Programs
  • Associate Warden of Industries and Education
  • Executive Assistant (speaks to the media)

The administrators in a prison are paid daily to ensure the safety of all inmates, guards, workers and staff. It is their responsibility to make sure the prison rules are followed to the letter of their procedures, and to guarantee your safety for the entire time that you are incarcerated. If you suffer as a victim of an injury while an inmate, you can call us today at the DTLA Law Group at 855.339.8879.

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Inmate Against Inmate Assault and Battery

Many inmates are assaulted and battered while they are incarcerated. There are many fights that break out in prisons and jails, much to the chagrin of the administration at those facilities, they are often out of control and the prison and jail guards are sometimes helpless to stop the fights. How is this possible? Many times the staff and employees working at a prison or jail are understaffed, not properly trained on how to manage prison and jail special and general populations, not trained on deescalating procedures and are underpaid to where they don’t give their job their all each day. When this is the case, you are going to be injured and badly, in a jail that is run basically by the inmates. You can suffer serious injuries, some of which will affect you for a lifetime. You can be the victim of a fight, stabbing, being beat up or roughed up, or you can even suffer a traumatic brain injury while serving time in a prison or jail.

Prison or Jail Inflicted Traumatic Brain Injuries or TBIs can “Mess You Up” for the Rest of Your Life

If you have been punched, kicked, beat up or “jumped” in a prison or jail, you know that you can receive some serious injuries in the scuffle. Many times, when the prison or jail administration is lax or the guards are not properly trained, you can even sustain a traumatic brain injury or TBI, as the result of a fight in a prison or jail. A TBI is a serious brain injury, sometimes you can never recover from the effects of this type of injury. You may have many different symptoms related to a TBI, including:

  • Loss of your coordination sitting, standing and flexing limbs
  • Agitation from “out of nowhere”
  • Unusual feelings of combativeness
  • Unusual behavior
  • Feeling “not like yourself”
  • Slurred speech
  • Coma
  • Disorders of consciousness
  • Weakness in the fingers or toes
  • Numbness in the limbs
  • Inability to wake from sleeping
  • Clear fluids draining from ears or nose
  • Dilation of eyes
  • Convulsions
  • Seizures
  • Vomiting repeatedly
  • Nausea that lasts a long time
  • Persistent headaches
  • Worsening headaches
  • Loss of consciousness from minutes to hours
  • Sleeping more than usual
  • Difficulty sleeping
  • Concentration problems
  • Feeling depressed all the time
  • Feeling anxious
  • Feeling disoriented
  • Feeling confused
  • Feeling dazed
  • Sleeping more than usual
  • Sensitivity to lights and sounds (even normal sounds)
  • Inability to smell
  • Changes in tastes or appetite
  • Nausea
  • Vomiting regularly
  • Loss of balance
  • Fatigue

If you have experienced any of the symptoms of a TBI after a jailhouse fight, you need to call us immediately at DTLA Law Group at 855.339.8879. We can discuss initiating a lawsuit for you, based on the merits of your claim and personal injuries suffered while you were incarcerated in prison or jail.

Sexual Abuse / Rape / Forced Sex Against an Inmate

There are times when inmates have suffered sexual abuse, rape and forced sex against an inmate. If you have been a victim of a sexual assault from an inmate or a guard, you need to contact us immediately. We are very sensitive to these types of claims, and can talk to you with a free consultation regarding your horrific experience being sexually assaulted while in prison or jail. You can call us today at DTLA Law Group at 855.339.8879, and we will review your case for free in the strictest of confidence.

Statute of Limitations – How Long Do I Have to File a Lawsuit a Claim If I Was Injured in Prison?

The statute of limitations for personal injury claims is usually two years. But in California, the statute of limitations for a sexual assault is ten years or within three years from finding out that you are injured on account of a sexual assault. We would want to discuss your case with you individually, because there may be parts of the laws that may be complex to understand. For that reason, it is better that you call us this afternoon, and we can review your particular claim with you to get the details related to your losses, damages, personal injuries and expenses related to your claim.

Average Case Value – How Much Can I Get to File a Lawsuit for Injury – Assault and Battery in Jail

The average case value of an assault and battery in jail will depend on the nature of your personal injuries and losses. An assault and battery in jail settlement can range from $100,000 to over $1 million, depending on the facts of your claim. It is better to call us to review your claim for free, then to guesstimate what the claim will settle for in the end. We are here to talk to you about your claim any time that you give us a call. You can call us today, and we can start the process, to get you the recovery compensation that you deserve in an assault and battery claim while you were incarcerated in jail or prison.

Inmate Medical Malpractice – Failure to Treat – Failure to Send Inmate to Hospital – Failure to Provide Medication

If you have been a victim of a medical malpractice event, you can call our law office today to review your claim. Any time that you need medical care and are the recipient of substandard medical care that caused you to suffer an injury, you can call us to review your claim. In some cases, an inmate will not be told that the inmate was actually harmed by the poor medical care that the inmate received at the hands of the doctors caring for the inmate. If you believe that you have been harmed by inadequate and a poor standard of care, you can call our office to review your claim for free. In some cases, an inmate can be under the care of several medical professionals, doctors or healthcare advisors, and none of them will tell the inmate of any mistakes or adverse events that occurred while the inmate was under their direct medical care. If you are injured but are having a hard time trying to determine which medical professional caused you damage, an illness or a personal injury, you can call our office to review your claim with you for free. We can help you get to the bottom of this problem, issue and concern related to your medical personal injuries, and we do not require you to pay us any money up front before we will start our review of your claim and legal case.

Drug Overdose – Death – Due to Drug Overdose

If you are incarcerated and have had a drug overdose, or have had a relative incarcerated who died of a drug overdose, you need to call our law office immediately. People who have taken a drug will respond differently, but if you or a loved one has overdosed in prison, it is a life-threatening or life-ending situation in most cases. The signs and symptoms of a drug overdose will be varied for each type of drug that was taken, but the principles of a drug overdose are all the same. If a person takes too much of a drug, then the body will respond by shutting down organs and the person can go into a coma, pass out, lose consciousness or die.

The symptoms of a drug overdose can include the person exhibiting signs, such as:

  • Shallow breathing
  • Slow heart rate
  • Gulping for air
  • Unconsciousness
  • Coma or deep sleep
  • Limp body
  • Seizure
  • Collapse
  • Pinpoint pupils
  • Cold, clammy skin
  • Paleness
  • Blue fingernails
  • Dizziness or lightheadedness
  • Death from organs shutting down

These conditions are universal for most drug overdose situations, and can last from a few minutes to hours after the person has taken too much of a drug. If you or your loved one has suffered a medical condition related to a drug overdose or drug overdose wrongful death, you need to call us today at the DTLA Law Group at 855.339.8879. We can talk to you about your case and review your claim with you for free.

Wrongful Death – Killed in Jail – Died in Jail Due to Failure to Provide Medical Attention

The U.S. Constitution states that all inmates have a right to adequate medical care. That means that if you are in prison, jail or in a detention center, you have the right as a state and federal prisoner or pretrial detainee, to get the emergency and necessary medical care that you require after an illness or assault by another inmate. You have a right to medical care as an inmate, which includes if you are:

  • Diagnosed with a medical condition
  • Need to have an elective procedure
  • Need psychiatric care
  • Are exposed to second-hand smoke
  • Need dental care
  • Need medical gynecological care
  • Need an abortion
  • Need accommodations for pregnant women
  • Need information about your medical treatment before being treated
  • Your right to keep your medical information confidential from others while still in prison

As a prisoner, inmate or detainee, you have a right to speak up and get the medical help you need while you are incarcerated. You can go to court to get your rights to medical care, but you need to exhaust the system at the prison or jail first. That means, you need to have tried to use grievance procedures in your correctional system to get the care you need first, then you can go to court to get these rights upheld if they are being denied to you. You should keep a record of everything that is happening to you at the place where you are incarcerated, regarding your medical issues and how they are being handled where you are being held. This log will be important later when you go to court on the merits of being denied medical care at your current or former correctional facility.

The Unites States Constitution, the Federal Tort Claims Act and many State Laws provide prisoners with the ability to sue the government for inmate personal injury and accident claims.  Generally governments possess immunity from civil claims brought forth by individual citizens. However, the FTCA and state provisions provide for a limited waiver of sovereign immunity. If you or a loved one has been injured as a result of prison administration negligence contact our California prisoner rights injury attorneys at DTLA Law Group for a free no cost evaluation of your injury claim.

What Are Some Common Injures and Accidents While Serving Time in a California and Federal State Penitentiaries and Jails?

If you are injured while serving time in a California Federal State Penitentiary or jail, you may become injured. Your injuries can include personal injuries from:

  • Injures from Assault and Battery by other inmates
  • Workplace related Injuries
  • Infections due to unsanitary conditions
  • Spinal Cord Injuries
  • Traumatic Head Injury
  • Skull Fractures
  • Internal Bleeding
  • Facial Lacerations
  • Severe Cuts and Knife Wounds
  • Broken Noses and Fractured Limbs

If you are injured while incarcerated at a California Federal State Penitentiary or Jail, you can call us to review your claim for personal injuries at DTLA Law Group at 855.339.8879.

What Is California Government Code Section 810 et seq.?

Rules regarding governmental entities and their employees for tort liability and compensation for damages under state law. The California’s Torts Claims Act provides for a limited waiver of sovereign immunity to bring personal injury claims against the State of California including all public entities. California Torts Claims Act requires timely presentation of a written claim for monetary damages given directly to a public entity. A lawsuit, filing of a claim, can proceed only when the notice of a clam has been rejected by the government entity. If you have any questions regarding your rights as an inmate in a California prison or jail, you can call us at DTLA Law Group at 855.339.8879 today to review your claim.

What Is the Prisoner Liability for Violent Acts of Other Inmates?

Under the 8th amendment of the United States Constitution, prisons have a duty to protect inmates from violence, including the battery and sexual assaults from other inmates.  If prison guards, administrators, and staff believe a violent acts against a prisoner is imminent, then they may be held liable for any injuries which takes place resulting from the violent incident. However, it is very difficult to establish liability against a prison correctional institute for unforeseen violent acts of other prisoners.  In such cases it is important to contact experienced and dedicated prisoner rights and inmate personal injury attorneys, who will fight for your rights and help you receive the compensation you are entitled to when you are personally injured in a prison.

What Is the Limitation of Prisoners Personal Injury Claims According to the 1996 Prison Litigation Reform Act?

The Prison Litigation Reform Act or the PLRA, is a federal legislation that is in force to make it more difficult for a prisoner or inmate to file a lawsuit for damages or personal injuries in a federal court. It doesn’t mean that you can never file a lawsuit for injuries you sustained while in prison or jail, but it does make it more difficult to start an action for relief of damages for your personal injuries. The basis of the legislation is that the drafters want you to exhaust your prisoner grievance procedures with the prison first, instead of moving straight to a lawsuit to get relief for your damages and personal injuries. For example, if you are assaulted in prison, the PLRA directs you to go through the prison system grievance procedures first, exhaust those resources, try to get reimbursed through them first, then, if you are not satisfied with the result, only then would you initiate a lawsuit. The public policy reason behind this rule, is that sometimes the prison or jail grievance process can satisfy your needs for being heard and cared for if you have an injury and are injured while in jail or prison. Many times, if your case can be closed at the prison level, and you are satisfied with the result, then going to the courts (the “higher” power in this case) will be unnecessary. By settling some matters before the claim turns into a lawsuit, it saves the courts having to hear and adjudicate smaller claims, and lets the court focus its time on cases from inmates and their claims that are unable to amicably and fairly be resolved at the administrative level within the prison or jail grievance system. You should always know that you have rights to be heard and treated fairly and appropriately for medical care, the entire time you are incarcerated. You can call us at DTLA Law Group at 855.339.8879 with all of your questions related to your claim for personal injuries and damages from an assault and battery, sexual assault or other type of work injury you received while serving time at a prison or jail.

Inmate Prison Work Related Accidents and Injury Claims

If you are incarcerated in a California State Prisons and Correctional institutes, you may have taken or been assigned to a prison work job or employment opportunity. Many times it is a well-run program, where inmates can learn a trade, craft or skill, which can translate to a real job when you are released from your prison sentence back into the community. But other times, the job programs are not well maintained, and have hazardous job conditions where you can be injured seriously while working at your work release employment opportunity. If you are injured on the job, you may not get the healthcare you need and have a right to, because of a denial of your rights at your place of work. In the past few years, there has been an increase of workplace injuries at prisons in California, and there are more claims for these injuries because they are often very serious or debilitating to the victims. If you have or a loved one has been injured in a prison contact the Downtown Los Angeles Law Group today at 855.339.8879. We are here for you 24/7, and have legal advisors and our legal team ready to talk to you about your personal injuries that arose from working at a prison or jail work release program.

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