Prison injuries are common and unfortunate, but they may also be compensable depending on what happened and how the injury occurred. There are also other factors to consider, like whether or not the prison is immune from legal action. Below, we discuss how you can navigate bringing forward a lawsuit after being injured in a county jail or state prison.

How Inmate Injuries Occur

Inmates can be injured while incarcerated in a variety of ways and it’s unfortunately common. Often, injuries are the result of violence from other inmates. Or, correctional officers may cause physical injury during restraint. These injuries can range from minor cuts and bruises to more serious issues, such as broken bones or even death. Other inmates may also be injured while performing their work duties, such as working in the prison kitchen or doing manual labor.

When the Facility Is At Fault

In some cases, the facility may be responsible for injuries, but it may be difficult to pursue a lawsuit depending on the circumstances of your case. Typically, jails and prisons cannot be held responsible for the actions of individual prisoners. However, if the facility was aware of the risk of violence and did not take adequate steps to protect inmates, they may be held accountable.

Anticipating the Sovereign Immunity Defense

One obstacle that plaintiffs may face when suing a prison or jail is the defense of sovereign immunity. This defense protects government entities from being sued for damages unless they have waived this immunity or been specifically authorized by statute to do so. However, some exceptions may apply in cases of inmate injury.

For example, if the injury was caused by intentional misconduct on the part of prison staff, then sovereign immunity will not apply. Additionally, if the state has created a statutory cause of action for prisoners who have been injured due to negligence, then prisoners will likely be able to sue under that statute regardless of sovereign immunity defenses.

Should You Contact an Injury Law Firm?

If you or a loved one has been injured while incarcerated through no fault of your own, you may be entitled to compensation or restitution. An experienced personal injury law firm can help you investigate your claim, gather evidence, and file a lawsuit against the responsible party. Contact us today for more information by calling (770) 703-6008 or toll-free at (800) 393-8595.