Arrests are not always bloodless affairs. People can suffer severe injuries prior to or during their arrest. While these parties do forgo some of their rights while in police custody, they – and you – are still entitled to reasonable medical care. This is the case regardless of whether or not you are convicted of the charges leveled against you.

That said, some police officers and their stations may still deny you the essential medical care you need. In these cases, you or your loved ones can reach out to a jail medical neglect attorney in Phoenix. The Zanes Law team can work with you to bring any losses you obtained in jail to the attention of a civil court.

Retaining Your Rights After Your Arrest

Police officers and a precinct’s staff must treat you with reasonable care if you’ve been taken into custody. This means that you should not be exposed to harm while under police supervision, nor should your essential medical needs be denied. If you come to undue harm, you may have the right to bring a lawsuit against the offending officers or institutions.

That said, you may have concerns about a concept known as qualified immunity. This immunity, established in A.R.S. § 12-820.02, grants police officers and other representatives of the state some reprieve from legal action sought in civil court. However, there are occasions when a state may waive the immunity of its police officers. Similarly, this immunity is not comprehensive.

Do not let fears of qualified immunity prevent you from taking legal action after jail medical neglect. Our team will work with you to either contest that immunity or to gather evidence suggesting that said immunity does not apply in your case.

How to Identify Cases of Jail Medical Neglect

Distinguishing between jail medical neglect and the restrictions placed upon you during incarceration can be a challenge. In most cases, though, you can file a lawsuit after behaviors including:

  • Failure to treat broken bones
  • Failure to recognize and address withdrawal from alcohol or drugs
  • Failure to treat a heart attack
  • Failure to treat an asthma attack
  • Failure to treat a hernia
  • Discontinuing an incarcerated individual’s medications
  • Failing to follow the instructions of a medical specialist
  • Denying an inmate access to care out of fear of deceit

Any display of indifference to your physical suffering can entitle you to a civil suit. If you’re not sure if your losses qualify you for a case, schedule a consultation with our team. Phoenix, AZ, medical neglect lawyers can meet with you while you’re still incarcerated or after your sentence has ended.

Requesting Compensation for Medical Neglect

The compensation you request in return for jail medical neglect can reflect the economic value of the losses you suffered under a precinct’s care. You must back these requests with evidence if you want either a court or a precinct representative to consider them.

Your complaint can detail both economic and non-economic damages endured courtesy of your medical neglect. Your economic damages can include the cost of upcoming and essential medical treatments, mobility aids, and pain management.

Non-economic damages need to be valued by either our team or a third party. When referring to state precedent, you can determine how much compensation other parties may have received for similar losses. These can include long or short-term disability, pain and suffering, and mental health conditions related to your losses.

How to Draft a Jail Medical Negligence Complaint

Bringing a complaint against law enforcement can be tricky, but that doesn’t make it impossible. Instead, you have to know what kind of information a civil court expects out of your initial complaint. When you want to name a police officer or precinct liable for your losses, you need to establish that:

  • The damage done unto you violated those protections offered by quantifiable immunity
  • The damages done to you had a notable impact on your overall health
  • The treatment you requested for our condition was reasonable
  • The compensation you’ve requested reflects the value of your applicable losses

Your complaint should also name either the individual you want to hold liable for your losses, the precinct for which they work, or the government official to whom you want to address your concerns. Because these systems are so intertwined, the party you address will vary from case to case. You can identify your addressee with a Phoenix, AZ, medical neglect attorney.

Presenting a Wrongful Death Case for an Incarcerated Loved One

If a loved one passes while in police custody, you may have the right to pursue a jail medical negligence case on their behalf. Arizona allows you to file a wrongful death claim, alongside other personal injury claims, if you are:

  • Representative of the decedent’s estate
  • The decedent’s spouse
  • The decedent’s child
  • The decedent’s parent

Arizona wrongful death cases share a statute of limitations with other personal injury cases. This means that you will have two years from the day your loved one passes to take legal action on their behalf. You can work with our office to make the most of the time allotted to you.

Present Your Jail Medical Negligence Complaint Within Arizona’s Statute of Limitations

If you want to fight for financial support after jail medical negligence, you must submit a complaint within Arizona’s statute of limitations. When it comes to your standard personal injury case, A.R.S. § 12-542 gives you two years to act.

However, your circumstances may require you to act faster. If you’re naming a public party as liable for your losses, A.R.S. § 12-821.01 may limit your deadline to 180 days. Discuss the conditions of your case with a Phoenix, AZ, jail medical neglect lawyer to determine how quickly you need to act.

We Represent You in Medical Negligence Negotiations and Trials

If your jail medical negligence complaint moves forward, know that you have not committed to a specific kind of legal action. Instead, the power awarded to you by an accepted suit lets you choose how you’d like to pursue compensation for your losses.

Should you choose to pursue a traditional trial, you’ll need to elaborate on the evidence you’ve gathered before a judge and jury. These parties will subsequently determine if you can receive compensation for your medical negligence.

You can alternatively negotiate for financial support with a representative from the state. Doing so may see you have to compromise on some of your initially-listed losses. However, this process tends to resolve more quickly than a trial. As a result, you can complete any applicable sentences and address your bills with less stress.

Zanes Law Protects Everyone’s Right to Fair Treatment

No one deserves to have their medical needs neglected. Even if you’ve been convicted and arrested, you are entitled to certain protections while under government care. If applicable parties knowingly forgo those protections or neglect them in their incompetence, you can fight for compensation.

The jail medical neglect attorneys in Phoenix, AZ at Zanes Law Injury Lawyers, are ready to represent your best interests in civil court. Contact us as soon as you suspect you’ve been subject to jail medical negligence. We’ll work with you and your family to fight for the support you deserve.

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