At the present time, there are an estimated 2 million adults placed in state penitentiaries, county jails, and federal prisons all across the country. Though there may be a common misconception that someone you love will at least be safe in prison while they do their time, this is sadly not always the case. Despite the constant presence of both guards and surveillance cameras, there are a number of injuries and illnesses that befall prisoners every year, and in some cases, these incidents can result in fatalities.

If you or someone you know suffers an injury or death while in jail, then it is important that you receive the compensation that you deserve – and this means picking the right attorney to help you manage your case from start to finish. This is where we can come in handy – our skilled team will take care of dealing with the administration to ensure that you receive the justice and outcome to help you move forward.

What Are Common Causes of Injuries In Jail?

While the very nature of jail means that inmates can expect to lose a few of their civil rights, they are still entitled to a decent standard of living. When minimum health and safety standards are neglected, injuries and accidents occur. Some of the most common causes of injuries in jails include:

• Slips, Trips, and Falls

One of the most common injuries seen in prisons are slips, trips, and falls, and there are a number of common causes for this. A wet or uneven floor, trying to walk while shackled, or slipping on spilled food or debris can all result in injuries that range in severity from cuts and bruises to strains and sprains and, in some cases, more serious broken bones, serious head injuries, and even death.

• Dangerous Conditions

In some cases, injuries can occur as the result of dangerous conditions within the jail itself. Examples can include poor planning for safety during a fire, poor or inadequate monitoring of inmates who are known to be suicidal, poorly trained staff or overcrowding in the jail. All of these can result in serious injury and death.

• Transport Vehicle Crashes

Prisoners are required to be transported on a number of occasions including court appearances, medical facilities, or for work programs, and this may occur via cars, buses, or vans. If an accident occurs with the vehicle, this can result in the injury or even death of prisoners, and compensation can be awarded if it can be proven that the crash was the result of negligence or carelessness by the driver or another road user.

• Assault

The most common cause of injuries in prisons tends to come from inmates assaulting one another. This can escalate from a mere shove to serious violence and even murder.

• Misconduct By Staff

Staff can also be responsible for serious physical and sexual assaults on prisoners, and this may include guards or other employees.

• Inadequate Medical Care

Prisoners are still likely to suffer from illness or poor health, as well as existing underlying conditions such as epilepsy, cancer, mental illness, diabetes, and pregnancy. If staff withhold treatment or do not administer the proper treatment, inmates can be injured.

• Unsanitary Conditions

Many prisons are seriously overcrowded and this, combined with constant transfers of inmates, can result in infections spreading very quickly. Poor hygiene in cells, kitchens and bathrooms can result in the spread of bacteria, leading to serious illness.

How Can You Prove Your Claim?

In order to prove a claim for a prison injury or death, there are three main elements that must be proven:

• The prison breached its duty of care to the inmate
• The prison knows or should have known, that there was a chance that the inmate could be injured
• The negligence of the prison resulted in injuries to the inmate

All three of these criteria must be met for a claim to be made, and these can be proven in a number of ways:

• Photographic or Video Evidence

While inmates are not usually permitted to have cameras or smartphones in their possession, you may be able to get a guard, social worker, chaplain, or counselor to photograph the scene of your injury. Alternatively, direct requests can be made to the warden – make sure that any photographs document the conditions that lead to your injuries. Video surveillance can also be helpful, and your attorney can issue a subpoena to access footage surrounding your injury.

• Witness Statements

If other inmates or guards witness the incident, they may be willing to write witness statements to support your claim- this is even more useful if other inmates have previously complained or warned about the issue that resulted in your injury. As an example, a guard may have heard another inmate repeatedly threaten to attack you, but failed to act.

• Injuries and Treatment Received

Photograph any injuries you receive, and do not try to hide your injuries or lie about their cause – your medical records can be crucial in helping to support your claim and may link any negligence by the jail to your injuries. You should request copies of all of your medical records.

How Can We Help?

If you have been injured in a prison or lost a loved one due to a prison injury or wrongful death, then you may be entitled to compensation. Get in touch today, and see how we can help you take your case forward.