Our Michigan prisoner rights lawyers represent inmates and their families in lawsuits involving death and serious injuries.
The United States Supreme Court recognized the right to adequate medical care for inmates in a prison or otherwise incarcerated in jail. The government is responsible for the safety and welfare of a prisoner while in detention.
Who Can File A Prison Injury Or Wrongful Death Lawsuit?
Any person who has personally, or on behalf of a family member, been neglected their Eighth Amendment rights of prisoners to adequate medical care and protection from violence of fellow inmates may file a prison injury or wrongful death lawsuit.
According to the eighth amendment, "conditions in prison must not involve the wanton and unnecessary infliction of pain, nor may they be grossly disproportionate to the severity of the crime warranting imprisonment."
The failure to uphold the basic health, protection and personal safety of an inmate on behalf of an incarceration facility is unconstitutional and is eligible to be met with legal action.
Common Types of Prisoner Injury Lawsuits
The most common types of injuries suffered by inmates include:
- Excessive force by officers and guards.
- Excessive use of weapons and restraints.
- Sexual assaults and rape by officers.
- Cruel, inhumane and unsanitary living conditions leading to infections and other diseases.
- Unnecessary or severe isolation or solitary confinement.
- Failure to provide adequate medical care in prison.
- Purposefully or negligently disregarding and neglecting inmate injuries.
- Torture tactics use by guards.
- False imprisonment.
- Ignoring safety hazards posed by one inmate by another inmate or group of inmates.
Lawsuits For Inmate Injuries & Death
Prisoners do have legal rights while incarcerated, and it is considered unconstitutional for such rights to be ignored by wardens, officials, or prison staff.
Your rights include:
- Access to prison and court officials.
- Accommodations for disabilities.
- Adequate medical and mental health care.
- Protection from cruel and unusual punishment.
- Protection from sexual harassment or sexual crimes.
- Protections under the first amendment.
- Protections from discrimination on the basis of race, ethnicity, religion, sexual preference, and age.
A violation of prison rights could be the basis for a lawsuit seeking compensation for the injury and harm done during the period of incarceration. Inmates and family members can file a lawsuit against the governmental entity responsible for operating the prison and the prison officials.
Many prisons and jails are owned or managed by private companies, and in addition to upholding an equal responsibility on behalf of the inmate, can be sued as well.
In cases involving the death of the inmate, the surviving family members can file a wrongful death lawsuit. These lawsuits provide compensation to the family for their loss of society and companionship of the deceased relative.
Failure To Provide Proper Medical Care
In many cases, prisoners develop serious medical conditions throughout their incarceration. In other cases, inmates have pre-existing medical conditions before they are incarcerated.
In both instances, prison officials are required to provide necessary and required medical care to the prisoner during the period of incarceration. Under the Eighth Amendment to the U.S. Constitution, prison officials cannot show “deliberate indifference to serious medical needs of prisoners.”
Common examples of failure to provide medical care include the following:
- Intentionally withholding medical care.
- Delaying treatment with the intent to harm the inmate.
- Knowingly interfering with treatment.
- Failing to carry out medical orders.
- Neglecting signs of potential suicide or the inmate harming himself or herself.
The failure to provide an inmate with reasonable and adequate medical care is negligent and is the basis for a civil lawsuit.
Recent Michigan Prison Injury And Wrongful Death Settlements
According to the Michigan Senate publications of the status of lawsuits involving the state of Michigan from 2016-2017, a total of $4,045,700.55 has been awarded to various plaintiffs on the grounds of mistreatment, or negligence, while incarcerated.
Keynote cases include:
- Temujin v. Buskirk
- Location: Saginaw
- Amount awarded: $379,424.39
- Summary: Inadequate medical treatment.
- Boykin v. Allen
- Location: Montcalm
- Amount awarded: $550,000.00
- Summary: Deliberate indifference to the decedent's request for medical attention.
- Johnson v. MDOC
- Location: Washtenaw
- Amount awarded: $640,000.00
- Summary: Racial discrimination
- Vinson v. MDOC
- Location: Ingham
- Amount awarded: $520,000.00
- Summary: Deliberate indifference to decedent's serious medical condition.
- Vorus v. MDOC
- Location: Wayne
- Amount awarded: $915,000.00
- Summary: Racial discrimination
What Is The Experience Of The Buckfire Law Firm In This Type Of Case?
If you are in need of a lawyer for a prison injury or wrongful death claim, you will want a strong, experienced law firm who will best represent your interests while maintaining the sensitivity your case deserves.
Our Michigan prison injury and wrongful death lawyers have a comprehensive understanding of the laws regarding prison injury and wrongful death, and we have extensive experience handling these cases in the courtroom.
To illustrate, our lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
- Member of the Million Dollar Advocates Forum
How Much Does It Cost To Hire The Buckfire Law Firm For My Case?
When it comes to hiring a lawyer, you have nothing to be concerned about financially. You can afford to have our legal team on your side without paying a single penny out of pocket, as we operate under a No-Fee Promise.
It costs absolutely nothing to get started, and if your case is unsuccessful for any reason, you owe us nothing. We promise you in writing:
- No money to hire us or to get started on your case
- We pay all case costs and expenses from start to finish
- You pay no legal fees whatsoever unless you receive a settlement
- Phone calls to our office are always free, forever.
Get A Free Michigan Prison Injury Or Wrongful Death Case Consultation
To start on your case today, you can:
- Free Case Review Box on this page. We will contact you shortly.
- Engage with the Live Chat operator on the screen.
- Call (800) 606-1717 any time of day to speak with a lawyer about your case.
Warning: There are strict time deadlines for filing a Michigan prison injury or wrongful death lawsuit. Call us to learn more about Michigan prison injury or wrongful death lawsuits and to see if you are entitled to a settlement award.