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Prison Injury Attorneys in New York

The Jacob Fuchsberg Law Firm represents inmates who were attacked, assaulted, abused, or seriously injured while in prison or police custody. With over 30 years of experience, our team of personal injury lawyers for inmates will help you receive justice.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

Know Your Rights as an Inmate in the New York Prison System

Although prisoners do not have full constitutional rights while incarcerated, prisoners are still entitled to basic civil rights and protected from cruel and unusual punishment. The eighth amendment mandates that inmates maintain the right to access proper medical treatment, mental health care, and disability accommodations while in jail.

The Federal Bureau of Prisons has received national scrutiny for their role in subjecting inmates to unsafe conditions, unjustly putting their health and safety at risk. However, prisons are obligated to protect inmates from correctional officer abuse, excessive use of force, prisoner abuse, physical or medical injuries, and sexual assault. 

If you or a family member has been attacked, assaulted, subjected to abuse, or otherwise seriously injured while in jail, including as a result of prison staff failure to attend to medical needs, speak with a New York personal injury lawyer for prisoners today.

The Jacob Fuchsberg Law Firm represents incarcerated clients who have experienced unnecessary physical or emotional trauma, mental health problems, wrongful death, prison injuries or assault, and any other civil rights violation at the hands of correction officers. 

 Our New York jail injury lawyers will help you understand your rights. 

New York jail injury lawyers

Common Injuries Sustained by Prisoners

Every correctional facility is required to uphold a certain standard of care to keep prisoners safe. However, prisoners are often wrongfully put at risk of sustaining serious physical injuries due to negligent behavior and correction officer abuse, including but not limited to: 

  • Sexual abuse, rape, forcible touching or penetration
  • Permanent catastrophic injuries
    – Stroke
    – Limb amputation
    – Permanent disfigurement
    – Brain injury
    – Wrongful death
  • Worsening medical conditions due to delayed diagnosis or negligent medical care
  • Excessive force and other prison injuries

We can help you seek justice against the prison staff who were responsible for and complicit in causing your abuse.

Results matter

We represent clients who have wrongfully been subjected to civil rights violations or cruel and unusual punishment while detained at their correctional facility.

Medical Malpractice

$1.25 Million

Delayed Prostate Cancer Diagnosis and Treatment. A prisoner wrongfully developed prostate cancer due to his correctional facility’s failure to provide proper medical care. Despite the fact that our client was examined by the facility’s medical staff 20 times and complained of worsening urinary symptoms and pain, our client experienced life-threatening symptoms as a result of their negligent care.

Civil Rights

$3 Million

Delayed Spinal Cord Treatment. A 40-year-old prisoner was paralyzed as a result of the facility's failure to attend to his medical needs. As a result, our client was paralyzed by the time he reached the hospital and was suffering from a life-threatening spinal infection which required extensive surgery. We helped him hold the responsible parties accountable. 

Civil Rights

$999K

Life Threatening Neck Trauma due to Inmate Attack. A prisoner suffered life threatening neck trauma after being assaulted by an inmate. Despite making multiple pleas for medical attention in jail, our client did not receive proper medical care. Due to the delay, he required extensive surgery and was diagnosed with injuries directly attributed to his neglect.

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How Do You Prove a Prison Injury Claim?

The Eighth Amendment of the United States Constitution protects inmates from cruel and unusual punishment while in custody. If you have sustained a serious, permanent injury while in a prison facility, suffered worsening symptoms due to denial of medical care, or lost a loved one who was serving time in prison due to anything but natural causes, it is in your best interest to seek help from a prison injury lawyer. 

We can help you file a claim if you have been seriously injured due to direct or negligent action taken by correctional officers. The state may be liable for paying for your personal injury claim if you and your attorney can prove negligence and deliberate indifference on the part of the staff or prison guards.

Importantly, the Prison Litigation Reform Act (PLRA) requires that prisoners have exhausted prison administrative remedies before filing a lawsuit, meaning that you must first try to resolve your complaint through the correctional facility’s grievance procedure and pursue all administrative appeals before taking legal action.

However, we understand that it may be challenging to report abuse and gather evidence as an incarcerated person. Our attorneys will help you obtain photographic or video evidence, witness statements, and medical records to ensure that you receive the best representation possible. 

Personal injury lawyers at the Jacob Fuchsberg Law Firm can help you or your family member seek compensation for damages that arise as a result of your injury, including medical treatment, loss of wages, and pain and suffering. 

If we represent you in a civil lawsuit, there are no legal fees unless you are awarded compensation for your damages and losses. 

New York jail injury lawyers

Our Prison Injury Lawyers win Even the Most Difficult Cases

Many inmates barriers to reporting abuse due to fear of retaliation or loss of privileges, but your story matters

The Jacob Fuchsberg Law Firm has taken the lead in numerous precedent setting decisions, including obtaining the largest publicly available settlement against a federal government institution in history for three incarcerated inmates who were sexually assaulted by a correction officer. 

We understand that this time can be emotionally exhausting for you and your family, so we approach every case with the utmost care, even traveling to correctional facilities to meet with our clients when necessary. 

Contact us today to speak with an attorney for a free consultation. We can help when the unimaginable happens

reviews

Our Clients’ Reviews

Stars

I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

5

Stars

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

5

Stars

Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

Citizen

5

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Contact Our Prison Injury Lawyers for a Free Consultation

If you or a loved one has suffered abuse or neglect while in jail, contact the Jacob Fuchsberg Law Firm today for a free strictly confidential consultation. 

With over 30 years of experience representing incarcerated clients in New York prisons and prisons across the country, our team will give your case the attention it deserves. 

Let our family help yours.

Background

FAQ

Frequently Asked Questions

How much time do I have to file a prison injury claim?

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In New York State, personal injury cases generally have a two to three year statute of limitations, although the timeframe may vary depending on the responsible party and the injury. 

  • Wrongful death- 2 years from death 
  • Medical malpractice- 2 years and 6 months from date of malpractice or from the end of continuous treatment 
  • Negligence resulting in personal injury- 3 years from date of accident 
  • Rape- no time limit 

It is important to note that the Prison Litigation Reform Act requires that you file your complaint through the grievance system at your correctional facility system before pursuing legal action.

How can I afford to go up against the government?

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The Jacob Fuchsberg Law Firm works on a contingency basis, meaning that you will only be charged if your case is handled successfully. Money should never be a barrier to receiving the legal representation you deserve.