The law system in our country tends to be for the purpose of equality. Every person, regardless of their crime committed or the crime they are accused of committing is subject to certain civil rights. This means that even if you are under arrest, you still have rights. You still have rights to being treated properly, provided a safe and secure living environment and proper medical care, when needed. We hear all too often lately how those living in jail houses or those being arrested by police officers are not being extended these rights. This is against the law, and legal matters can be taken with people who do not follow these laws.
There are many ways that someone can become illegally injured during a police arrest or while serving time in jail. Firstly, the office who arrests you must do so without harm. If you are not resisting arrest, they do not have a right to use any forceful arrest against you. If they do, this is illegal and you should consult with a prison abuse attorney. They are also required to read you your rights, notifying you of these specific rights. If they do not, your arrest could become false and may not hold up in court. A civil rights lawyer is a great resource for this type of a case.
If you were injured during an arrest, it is important to gather necessary documentation. This documentation might include photographs, medical records and video evidence, if possible. It can be difficult to prove police brutality in court without any actual documents of proof. Police misconduct may be hard to photograph or video, but obtaining medical records immediately following the attack may be beneficial.
If you do have an injury case, you will need an injury attorney. An injury lawyer is responsible for representing the victim in court. They are generally specialized as a prison abuse attorney and are familiar with these types of cases. If you have a case, it is likely that you will receive some type of a settlement rather than go to court. Most judges do not want to drag a civil rights attorney case through court if the two parties can come to some kind of an agreement. 4 to 5% of the personal injury cases in the United States go to trial. The rest are either settled or thrown out of court.
It can also be considered a violation of civil rights if you are not provided necessary and proper medical care while under arrest, or while being housed in a jail cell. According to the National Center for Health Statistics, over 31 million injuries occur to people throughout the U.S. each year that necessitate a doctor?s care. Even when you are locked in a jail cell, you have a right to receive medical care. A prison abuse attorney can help with medical malpractice cases that result from arrests or from inmates.
You may also have a case if you suffer an injury in jail. You have a civil right to safety and the right to be secure, even when you are serving time in jail. For example, if the jail fails to warn you of slippery falls and you slip and hurt yourself, you may have a case. The Centers for Disease Control and Prevention (CDC) reports that 17,000 slip and fall accidents (also known as premises liability accidents) occur every year. Some of these occur in jail cells or common rooms, and others do not.
Even when you are under arrest or when you are serving time in a jail cell, you are subject to specific civil rights. You still have the right to a harmless arrest without police brutality. You are also subject to a safe environment, even when in jail. You should also be provided with appropriate medical care when needed. If you are not receiving these basic rights, you may have a legal case. It can be very beneficial to consult with a prison abuse attorney to find out specifics of the legal process and to receive advice on how well your case will stand up in court.