State and federal prisons are not the safest facilities for inmates. The facilities housing inmates may have dangerous conditions that cause prisoners severe injuries and adverse health conditions. Inmates have a right to be housed in a safe environment, regardless of their crime.
Our personal injury attorneys at Rob King & Associates Trial Lawyers have over 40 years of collective experience as trusted personal injury lawyers. We have won millions in damages for our clients in jury verdicts and negotiated settlements. Our personal injury law firm has helped thousands of clients receive the justice they deserve.
Contact Rob King & Associates, Trial Lawyers to schedule a free consultation with one of our Indianapolis prison injury lawyers at (317) 916-0000.
How Rob King & Associates Trial Lawyers Can Help You With a Prison Injury Claim in Indiana
Inmates are monitored continuously in prisons and jails to ensure they remain incarcerated. However, they should also be monitored to ensure dangerous conditions do not develop that could result in injuries and deaths. The system often fails, resulting in a prisoner’s death or injury.
Suppose your loved one has been injured in prison because of dangerous conditions or cruel and unusual punishment. In that case, it is crucial to speak with an attorney to determine an inmate’s rights. Our injury attorneys at Rob King & Associates Trial Lawyers are equipped to handle complex legal claims, including prison injury cases.
When you hire our award-winning Indianapolis personal injury lawyers, you can trust we will:
- Investigate the circumstances that led to an inmate’s injuries and/or death
- Gather evidence proving negligence, intentional torts, or other wrongdoing
- Determine how much a prison injury claim is worth based on the prisoner’s
- Prepare and file all paperwork to file claims and lawsuits
- Negotiate fair settlements based on the evidence
- Fiercely advocate for inmates in court and at trial to protect their rights for a personal injury claim
Our attorneys are recognized in the community and legal industry for their successful track record. We have top ratings from Martindale-Hubbell (AV Preeminent rating, Super Lawyers, and Avvo. Our attorneys have achieved recognition from The National Trial Lawyers and other nationwide legal organizations.
Call us to schedule a free case evaluation with an experienced Indianapolis prison injury lawyer.
Common Causes of Prison Injuries in Indiana Prison Facilities
Unfortunately, prisoners are often left without adequate protection from personal injuries. Officials, guards, and others do not care whether inmates are exposed to dangerous conditions or sustain injuries because of negligence or intentional acts. They are not concerned that many prisoners are forced to work in dangerous situations that could lead to accidents.
Common injuries sustained by inmates include:
- Broken bones and fractures
- Traumatic brain injury
- Internal organ damage
- Soft tissue injuries
- Nerve damage
- Spinal cord injuries
- Neck and back injuries
- Sexually transmitted infections
Numerous situations and circumstances can lead to a prisoner’s injury. Common accidents and incidents that can result in injuries and death to a prison inmate include, but are not limited to:
- Medical malpractice by prison doctors and medical staff
- Sexual assaults of inmates
- Misconduct and assaults by guards and officials
- Slip and fall accidents
- Attacks and inmate violence
- Illnesses and infections from unsanitary conditions
- Inmate suicides
- Vehicle accidents while transporting inmates
- Exposure to hazardous materials and substances
Inmates have rights, even though they are incarcerated. A prisoner may have a prison injury claim under tort law if they sustain injuries while in prison or jail.
Filing a Prison Injury Claim in Indianapolis, IN
Federal and state laws for prison injury cases are different from personal injury claims filed against private parties. Sovereign immunity protects many of the people and government entities responsible for prisoner safety. However, tort claims may be successful in certain situations.
Filing Federal Claims for Prison Injuries
A federal inmate begins an injury claim by filing a Standard Form 95. An inmate must file this form to notify the Department of Justice that they intend to seek damages for an injury that occurred while incarcerated. The form must be filed within two years of the date of the injury.
The Department of Justice has six months to accept or deny the claim. If they deny the claim, the inmate has six months to file a lawsuit seeking damages.
Filing State Claims for Prison Injuries
If the injury occurred in a state, county, or local prison or jail, the inmate must file their claim according to the state’s Tort Claims Act. Deadlines for filing injury claims against government entities in Indiana are often much shorter than the federal deadlines. An inmate could have much less than a year to file a claim.
For example, claims against the state must be made within 270 days of the injury date using State Form 54668 or as directed by the relevant statute. City and county ordinances may have shorter filing deadlines.
Suing the state or federal government for a prison injury can be complicated. You must follow all the relevant statutes, regulations, and rules, or your claim could be denied or barred. Working with an experienced lawyer is strongly recommended.
Learn More During a Free Consultation With an Indianapolis Prison Injury Attorney
Prison injury claims are challenging personal injury cases. You need an experienced, aggressive attorney to take on the prison system. Contact Rob King & Associates Trial Lawyers to schedule a free case review with an Indianapolis prison injury lawyer to discuss your case.
