Florida Jail Injury Attorney
No matter what criminal offense led to your incarceration in a Florida institution, you have certain expectations regarding your health and safety. The US Constitution does provide inmates with designated rights, yet data from the National Institutes of Health indicates that jail injuries are quite common. More than 20 percent of incarcerated individuals reported having been physically assaulted within a six-month period, and 40 percent of these victims suffered bodily harm.
You may have given up some freedoms when incarcerated, but you do still have basic rights as an inmate. Jail injury and related forms of misconduct are actionable, so you may be able to recover compensation for your losses. Please contact Halpern Santos & Pinkert, P.A. to schedule a complimentary consultation with a Florida jail injury attorney who can explain your options. An overview of the basics may also be helpful.
Assaults Violate Inmate Civil Rights
While being held after an arrest, pending trial, or after a conviction, individuals still have legal rights under the US and Florida Constitutions. Among them is the right to humane treatment and conditions, and to be free from cruel and unusual punishment. If you suffered jail injuries, you may have legal remedies under three different theories of liability:
- Abuse by Prison Guards and Staff: Inmates can suffer jail injuries through beatings, kicking, use of chemicals, sexual assault, and other excessive use of force.
- Misconduct Related to the Correctional Facility: A facility can be liable for misconduct if jail injuries are the result of overcrowding, misuse of solitary confinement policies, or failures to maintain a safe facility free from dangerous conditions.
- Failure to Prevent Jail Injuries by Other Inmates: You may also have a claim against a correctional facility if it does not take proper steps to prevent violence from other inmates.
Seeking Compensation for Your Losses
If you sustain a jail injury, you can file a complaint with the facility administration and government officials to seek disciplinary action. However, you may also be entitled to recover monetary damages by filing a civil rights lawsuit against prison staff, administration, and other potential parties. Our lawyers at Halpern Santos & Pinkert, P.A. are committed to seeking justice for jail injuries, so we will pursue the relevant parties to obtain:
- Medical costs for treatment;
- Pain and suffering;
- Attorneys’ fees;
- Punitive damages, which are meant to punish the relevant parties for engaging in or allowing misconduct and,
- Injunctive relief to correct the conditions that resulted in your bodily harm, such as overcrowding or unsanitary facilities.
Discuss Your Legal Remedies with Our Florida Jail Injury Attorneys
This description of your legal options after a jail injury is useful as a summary, but there are many additional details and complicated concepts that apply to your case. You put your rights at risk by trying to represent yourself, so count on our team at Halpern Santos & Pinkert, P.A. to represent your interests. Please contact our Coral Gables, FL office right away at 305-445-1111 or go online to set up a no-cost case assessment.