Prison Injury Attorneys in Medina, Ohio
According to data obtained from the Bureau of Justice Statistics (BJS), Ohio's jail population and prison population were 20,670 and 50,338, respectively, in 2019. Correctional institutions and facilities across Ohio are expected to provide a decent standard of living to inmates, provide their medical needs, and protect them from possible harm or injury. But prison injuries do happen. If you or someone close to you suffered an injury while in custody, you may be eligible to seek fair compensation.
At John Brooks Cameron & Associates, I’m committed to advocating for the rights of prison inmates who are injured while in custody. As an experienced Ohio personal injury attorney, I can thoroughly investigate all of the facts of your case and explore your possible legal options to recover damages. I will fight vigorously to protect your best interests, help you hold those responsible for your injuries liable, and pursue the justice you deserve.
John Brooks Cameron & Associates proudly serves clients in Medina, Ohio, and surrounding areas throughout Summit County, Akron County, Cuyahoga County, and Wooster County.
Causes of Prison Injuries
A prison injury is an injury suffered by an individual while in prison or jail. Such injuries may include cuts, concussions, muscle strains, bruises, broken bones, or illness. Here are some common causes of prison injuries:
Slip and fall accidents
Transport vehicle crashes
Assault by another inmate
Unsanitary conditions of the facility
Dangerous or unsafe conditions of the facility
Inadequate medical care
If you or a family member suffered an injury while in custody due to the negligent, wrongful, or intentional actions of another inmate, prison guard, or jail official, you need to reach out to a knowledgeable personal injury attorney right away. Your lawyer can enlighten you about your constitutional rights and determine how to proceed with your prison injury claims.
Laws Addressing Prisoner Legal Claims
Even when in jail or prison, inmates still have legal rights. Here are some laws addressing prisoner legal claims.
The Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act (FTCA) clarifies the procedures for presenting and settling administrative monetary claims for personal injury or death caused by the alleged negligence of federal officers and employees, including prison authorities. If you were injured by a prison guard or officer acting within their official duties, you may be able to file an injury claim with the government for reimbursement for any injuries or damages suffered.
The Eighth Amendment to the Constitution
The Eighth Amendment to the U.S. Constitution prohibits prison guards, officials, and employees from inflicting cruel and unusual punishments on inmates. Individuals in prison, jail, or other correctional facilities are protected from:
Excessive force and physical brutality
Unhealthy conditions of the facility with regards to food, personal hygiene, shelter, and medical care
Rape, sexual assault, and other forms of sexual misconduct
Unsafe conditions of the facility, such as overcrowding or lack of security
The Prison Litigation Reform Act
The Prison Litigation Reform Act (PLRA) places several restrictions on the ability of inmates to file a claim or lawsuit in federal court. According to the act,
"No action shall be brought with respect to prison conditions by a prisoner confined in any jail, prison, or other correctional facilities until such administrative remedies as available are exhausted."
This means that before you can bring a claim or lawsuit for a prison injury, you must have exhausted all administrative remedies. Each state is required to establish its own process for handling or resolving complaints and claims filed by prisoners administratively. Your case may be dismissed if you fail to exhaust the provided administrative remedies or follow due procedure.
To state a valid claim, the plaintiff must prove the following elements:
The correctional facility or officer breached their duty of care.
The correctional facility or officer knew or should have known that you could be injured.
The correctional facility or officer acted negligently or wrongfully.
The negligent or careless action of the correctional facility or officer proximately caused your injury.
An experienced Ohio prison injury attorney can gather substantial evidence to help prove liability and help recover damages for your injuries.
The following damages may be recovered by filing a prison injury claim in Ohio:
Injunctive Relief. This involves a court injunction that orders the facility to:
Fire the abusive jail official or prison guard
Fix unsanitary conditions
Reduce overcrowding in the prison or jail
Take adequate action to prevent such incidents from happening to other inmates
Monetary Damages. These may help cover:
Pain and suffering
Compensation for your violated civil rights
A knowledgeable attorney can fight diligently to protect your best interests and attempt to recover the maximum possible compensation for your injuries or damages.
Work With a Skilled
Personal Injury Attorney
Individuals who suffer an injury or illness while incarcerated may be entitled to seek damages. However, filing a prison injury claim and proving liability often involve a lot of complexities. To succeed in your injury case, you must prove that the correctional facility's negligence led to your injuries. Hiring a skilled personal injury attorney is crucial to protect your legal rights and help you seek fair compensation.
At John Brooks Cameron & Associates, I have developed the necessary resources to guide and represent victims of prison injuries and their loved ones in their injury cases. I will fight tirelessly for you and help you recover fair financial compensation to cover your injuries, pain and suffering, and other potential damages.
Prison Injury Attorneys Serving Medina, Ohio
If you or someone you know was hurt while housed in a prison or jail, you deserve fair compensation. Contact John Brooks Cameron & Associates today to schedule a simple case assessment. I’m ready to offer you the experienced legal counsel and vigorous representation you need after a prison injury disrupts your life. I’m proud to serve clients across Medina, Summit County, Akron County, Cuyahoga County, Wooster County, and the rest of Ohio.