PRISON INJURIES ATTORNEY IN HOUSTON, TEXAS
According to The Sentencing Project, there are an estimated 2 million people in America’s prisons and jails. Contrary to what many might assume, people who enter the criminal justice system do not lose all of their rights. Nonetheless, cases of prison injuries, inmate abuse, violence, and even torture in correctional facilities are not unheard of.
As an experienced personal injury attorney at Jose Orihuela, Attorney at Law, I stand up for the rights of prisoners whose rights have been neglected or violated by prison guards, other staff members, and other inmates. I represent inmates who suffered prison injuries and the resulting physical and emotional trauma. If you or your family member was abused, assaulted, attacked, or neglected in jail or prison, get in touch with me immediately. I serve clients in Houston, Texas, and throughout the state, including Pasadena, Webster, South Houston, Santa Fe, Alvin, and other communities.
Causes of Prison Injuries
Inmates may sustain injuries in jails and prisons for a number of reasons, including but not limited to:
Automobile accidents during transportation
Slip/trip and fall accidents
Depending on the nature and circumstances of the incident or accident, a prisoner may suffer any of the following injuries:
Traumatic brain injuries
Spinal cord injuries
Sexually transmitted diseases (STDs)
Regardless of the prison injury, an inmate may be entitled to compensation for violations of their civil rights. If you or your loved one was injured while incarcerated, speak with an attorney to explore your options for justice and compensation.
Laws Addressing Prisoner Legal Claims
There are several federal and state laws that address prisoners’ rights to seek compensation for injuries sustained while serving a jail or prison sentence. These laws include:
The Federal Tort Claims Act (FTCA). This federal law allows individuals serving a sentence in federal prisons to sue the government for injuries they suffer from inmate violence. While federal correctional facility authorities may assert qualified immunity to avoid liability for prison injuries caused by inmate violence, the injured prisoner may challenge the immunity if they can prove negligence on behalf of the facility or its staff.
The 8th Amendment to the U.S. Constitution. The Eighth Amendment to the Constitution protects prisoners’ right to get medical care. Specifically, the Amendment prohibits correctional facilities from imposing unusual and cruel punishment.
The Prison Litigation Reform Act (PLRA). This federal law may create potential challenges for prisoners filing legal claims to obtain financial compensation. The PLRA requires inmates to exhaust all available administrative remedies before filing a personal injury lawsuit.
Speak with a skilled personal injury attorney to discuss the laws that may affect your legal claim for compensation.
Proving Liability for Prison Injuries
The vast majority of personal injury claims are based on negligence, and cases arising from prison injuries are no exception. The term negligence means that a person or entity failed to exercise reasonable care. Proving liability for prison injuries may require the plaintiff to prove the following four elements of negligence:
The defendant owed the injured prisoner a duty of care;
There was a breach of duty;
The breach resulted in the prisoner’s injury; and
The prisoner suffered actual damages as a result of the injury.
When filing a lawsuit, the plaintiff will need to support their case with evidence proving the four elements of negligence. Gathering evidence and building your case may be complicated when you are in jail or prison. That is why hiring a skilled prison injuries attorney to handle your case is imperative.
Available Damages in Prison Injury Cases
If you suffered prison injuries while incarcerated, you might be entitled to compensation for your damages and losses. The available damages in prison injury cases may include reimbursement for medical expenses, compensation for pain and suffering, mental anguish, and other damages. A knowledgeable personal injury attorney can help you determine whether you have a valid claim and are eligible for compensation based on the facts of your unique case.
PRISON INJURIES ATTORNEY IN HOUSTON, TEXAS
At Jose Orihuela, Attorney at Law, I believe that every client should be treated with respect. Even if you were injured in prison, you still have legal rights to obtain compensation. As a personal injury attorney who serves clients in Houston and surrounding cities in Texas, I am dedicated to helping prison injury victims get the justice they deserve by fighting for their constitutional and civil rights. Contact my office to get a case evaluation today.