handcuffs in a prison cell

Can You Sue If You Get Hurt in Jail?

Abuse of inmates and prisoners is more common than people think. If you or your loved one has suffered injuries while in jail or prison, it is considered a civil rights violation. Our Pennsylvania attorneys explain your rights and what you can do if you are hurt in jail.

Common Types of Inmate Abuse in Jail?

Unfortunately, prison guards, prison facilities, and other inmates often participate in inmate abuse. Prison staff and corrections officers often participate in inmate abuse by using excessive force, beating inmates, destroying an inmate’s property without cause, sexual abuse, and more.

Prison facilities can also participate in abuse by denying inmates with proper medical care, excessive inmate isolation, unhygienic conditions, and more. On the other hand, abuse by inmates often involves rape, beating, sexual assault, stabbing, gang fights, and more.

Regardless of how you got hurt, you can file a claim if your injuries were caused because of another person’s reckless or negligent behavior.

What Rights Do Inmates Have?

Jail inmates also have constitutional rights under federal law. This means that inmates have rights that protect them from:

  • Cruel and unusual punishments under the Eighth Amendment
  • Unreasonable searches or seizures under the Fourth Amendment
  • Due process rights under the Fifth and Fourteenth Amendments
  • Equal protection under the Fourteenth Amendment

Since you have rights, you can file a lawsuit against the party or parties responsible to obtain monetary compensation for your injuries. If you file a lawsuit, you can seek compensation for medical bills, pain, and suffering, and violated rights which may result in punitive damages. Punitive damages are meant to punish the parties involved for their wrongdoing.

If you or your loved one was hurt in jail, you can exercise your rights by filing a lawsuit against the parties responsible. Contact our team at Weisberg Law today to schedule a consultation: (610) 550-8042!

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