When someone goes to jail in California, they give up certain fundamental rights. However, state law offers inmates protections from injury, violence, medical malpractice, and unsafe conditions, protecting their fundamental human dignity and freedoms. If your or your family member’s rights have been violated by another prisoner or prison administrator and you have suffered injuries, you have the right to file a claim and pursue compensation.
At Callahan & Blaine, we understand suffering injuries in a prison facility can be an overwhelming experience, so we are here to fight for your rights and help you understand your legal options.
How Can California Inmates File a Claim for Injuries?
We understand suffering injuries while incarcerated can be overwhelming, and you may not know what to do to protect your rights. Taking the following actions can help you find a legal remedy that will give you the best chance of achieving a successful outcome:
Contact an Experienced Lawyer
Before providing a statement or speaking to anyone about the incident, it is essential to consult with a trusted injury lawyer first. Our knowledgeable lawyers at Callahan & Blaine can help you avoid making mistakes and having something you say used against you. Additionally, we handle every aspect of your complex claim, including the following:
- Conducting a thorough investigation
- Collecting and reviewing evidence, such as witness testimony, video footage, medical records, and maintenance records
- Navigating the state and federal laws that apply to your case
- Accurately calculating your claim’s worth
- Negotiating with insurance companies on your behalf
- Taking your case to court if necessary
We understand every prison injury claim is unique, so whether you are a victim of medical malpractice, abuse, deputy negligence, or other breach of duty, our dedicated lawyers have the trial experience needed to take on the liable party and build a strong case that proves their negligence directly caused your injuries.
Document Everything
Another legal strategy you can take after suffering harm while incarcerated is documenting as much as you can if you are able. You can write down the events that led up to the incident, how your injuries have affected you and your quality of life, and the names of anyone who witnessed the incident. We can also gather information from your medical records, surveillance footage, and the prison’s records that relate to your case and prove fault.
Understand Legal Rights
When you understand your legal rights as an incarcerated person in California, you can have a clearer picture of your ability to file a claim and how to pursue compensation for your losses. These prisoner rights include the following:
- Medical Care and Mental Health Treatment: The Corrections and Rehabilitation Department must provide access to healthcare and mental health treatment that prevents cruel and unusual punishment.
- Freedom to Practice Faith or Religion: Prisoners may receive reasonable accommodations to practice their faith or religion if they do not impact prison operations or put others in danger.
- Due Process: Prisoners have a right to be notified of any charges against them, have a lawyer, call witnesses, and present evidence.
- Americans With Disabilities Act: Prisoners with disabilities are protected under the Americans ith Disabilities Act and have the right to reasonable accommodations, including medical appointments, educational programs, and resources like interpreters.
- Freedom From Discrimination: Prisoners should not be discriminated against or harassed by other prisoners, guards, deputies, and other prison staff based on their race, age, sex, gender, religion, or other protected class.
- Eighth Amendment: Under the Eighth Amendment of the U.S. Constitution, prisons must respond to risks of assault and protect prisoners by creating an environment that prevents an unreasonable risk of assault.
If you believe your or a family member’s rights have been violated while in prison, we can help you determine if you have a case and clearly explain the state and federal laws that protect prisoners’ rights and the process that follows to seek justice.
Follow the Proper Procedure
When filing a lawsuit for a rights violation in a prison facility, you must follow the proper procedure to prevent your case from being dismissed. Our experienced lawyers at Callahan & Blaine understand this complex process, including how to file a grievance in the jail, the stages of a grievance review, the two-year statute of limitations, and whether or not you have a federal or state case.
Learn More About Your Legal Options as an Inmate Injured in Prison With the Skilled Lawyers at Callahan & Blaine
At Callahan & Blaine, we understand the challenges and complexities involved in suffering injuries in prison and pursuing legal remedies for injuries sustained in California prison facilities. With our 40 years as a firm, a team of 29 dedicated lawyers, and a proven track record of unprecedented results, including the largest personal injury settlement in U.S. history, we are well-equipped to handle every aspect of your case. This commitment to excellence and client-focused approach helps us protect your rights and fight for the compensation you deserve.
If you or a loved one has suffered injuries due to violations of rights while incarcerated, do not navigate this difficult process alone. Reach out to Callahan & Blaine for expert legal assistance. Call us today at (714) 241-4444 or visit our contact form to get started on your path to justice.
