If you’re hurt or injured due to another person’s intentional act or negligence while incarcerated, you may be unsure if you can sue for damages and compensation. The answer is maybe, depending on issues like including whether the facility itself is at fault and whether sovereign immunity applies. Here’s what to know and how a law firm can help.

How Inmates Can Be Injured In Custody

There are many ways an inmate can be injured while in custody, like violence from other inmates. This type of assault can range from a fistfight to a more serious attack with a weapon and the resulting injuries can be moderate or severe. Another way inmates can be injured is if the jail or prison fails to provide adequate security or nutrition, causing an inmate to incur physical and/or emotional damages.

Determining Who’s Accountable

If an inmate is harmed as a result of staff negligence, then the facility is most likely liable for the resulting damages. This can include “vicarious liability,” where an inmate is attacked by another inmate and the prison guard fails to intervene, or direct negligence or abuse. E.g., if an inmate is denied medical care and this results in a worsening of their condition, the jail may be legally responsible.

Understanding Sovereign Immunity

Sovereign immunity is a special law that shields government entities from being held financially liable for damages in many cases. This protection applies to state and federal prisons as well as local jails.

However, just because prisons and jails are protected by sovereign immunity does not mean they can never be sued for damages – there are certain exceptions where this protection does not apply. For example, if an inmate is injured due to deliberate indifference on the part of prison staff (i.e., they knew about a dangerous condition but did nothing to fix it), then the law will not shield the prison from liability.

How a Personal Injury Attorney Can Bolster Your Case

If you or a loved one has been injured while in custody, you should reach out to a personal injury attorney as soon as is practical. An experienced attorney will be able to investigate the circumstances of the injury and help determine who is at fault. Additionally, a reputable lawyer can help navigate the complex legal process of filing a lawsuit against a government entity and can fight for the maximum compensation available under the law. Call now at (706) 515-1995 or toll free at (800) 393-8595.