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