Incarcerated individuals retain their right to essential medical care regardless of the charges or convictions brought against them. Should you be denied access to an experienced medical professional while imprisoned, you can file a personal injury suit against the staff responsible for your care. That staff, in turn, may have to compensate you for the losses you endured.

Jail medical neglect attorneys in Tucson can protect you from a staff’s attempt to deny you your right to medical attention. If you’ve been denied essential treatments, you can contact Zanes Law Injury Lawyers to begin your fight.

Identifying Medical Neglect in Jail

There are two kinds of medical neglect incarcerated parties can endure. Accidental neglect may see staff at a jail or prison forget your request for treatment. Comparatively, deliberate neglect may see that staff deny your request for treatment out of hand. These behaviors do not have to be inherently malicious to merit a civil suit.

To file a claim citing medical neglect during the course of your imprisonment, you and an attorney must indicate how you came to identify that neglect. You can do this by establishing:

  • What injuries you suffered
  • How you came to suffer those injuries
  • What care you requested
  • The dates in between care requests
  • What you believe might have been reasonable action on the part of supervising parties

If possible, you can also secure third-party statements regarding your health. Should it appear that your condition has worsened specifically due to the negligence of government staff, you can pursue compensation for both your pains and for the treatments you may need to recover.

Medical Neglect, Civil Suits, and Qualified Immunity in Arizona Prisons

Taking up a civil suit against a government institution requires an understanding of qualified immunity. This immunity allows Arizona officials and police officers the right to avoid some civil suits, depending on the circumstances named in said suits.

That said, 42 U.S.C. § 1983 challenges qualified immunity. This code states that the aforementioned parties are not protected from suits that challenge behaviors compromising a person’s constitutional or civil rights. If you wish to take up a jail medical neglect suit, you’ll need to indicate that your constitutional or civil rights have been compromised.

A Tucson jail medical neglect attorney can help you get started. As we bring together evidence to establish liability in your suit, we can also refer to the laws designed to provide you, as an incarcerated individual, the right to reasonable medical care. In demonstrating that certain parties violated this right, we can more effectively move your case forward.

What to Expect from a Tucson Jail Medical Neglect Attorney

When you reach out to a member of our team, you benefit from more than on-site representation. Our team members can:

  • Advocate for you to receive any immediate medical attention you may need
  • Refer to state precedent and related bills to establish the value of your losses
  • Collect witness statements regarding your care
  • Protect you from intimidation attempts conducted by police officers and/or jail staff
  • Assert the violation of your constitutional rights
  • File your complaint within state-mandated deadlines

If you have questions about which of our services might best benefit your case, you can ask them during an initial consultation. Our Tucson, AZ, jail medical neglect attorneys offer you representation on contingency. This means you will never have to pay a bill for the advice you receive.

Contingency in Jail Medical Neglect Cases

Zanes Law’s contingency fee agreements allow us to take a percentage of your settlement if we win a case on your behalf. If we do not win your case, you will not owe us a dime for our services. Should we win you a settlement, we’ll work with the civil court to take the agreed-upon percentage without making you write a check.

How to Request Compensation for Jail Medical Neglect

The compensation you can request for jail medical negligence can include:

  • The cost of medical bills needed to restore your previous quality of life
  • Medical aids
  • Essential surgeries
  • Pain medication
  • Physical therapy
  • Emotional damages, including pain and suffering

We calculate the value of damages like pain and suffering by referring to state legal precedent. While these losses may not come with bills, you can still assign them an economic value – so long, that is, as you can defend that value with evidence.

Requesting Wrongful Death Compensation After Jail Medical Neglect

If you lose a loved one to jail medical neglect, Arizona allows certain parties to file for compensation on that party’s behalf. These parties include the deceased’s:

  • Parents
  • Spouse
  • Children
  • Pre-elected executor of estate or personal representative

In these cases, a family may request loss of consortium, wrongful death compensation, and financial support to cover the cost of a funeral in addition to the aforementioned support.

We File Your Personal Injury Claim Within Arizona’s Statute of Limitations

Even if you are imprisoned at the time your neglect takes place, you are still expected to file a civil suit for your losses within Arizona’s personal injury statute of limitations. A.R.S § 12-542 lets Tucson, AZ, jail medical neglect lawyers file a complaint on your behalf so long as the complaint is postmarked within two years of the day you were injured.

You cannot file a personal injury claim outside of this two-year period. Even if imprisonment limits your movements, though, our team can work with you to ensure that your concerns reach a county clerk.

A Conviction does Not Deny You Your Inalienable Rights

It does not matter if you’ve been convicted of a crime. While you are under the care of Arizona’s prisons and jails, you are still entitled to your inalienable rights. This means that all staff members who interact with you must uphold their duty of care and provide you with medical attention upon request.

A staff member who denies you your right to medical attention can be held liable for any losses you endure under their care. You can discuss the extent of your losses with a jail medical neglect lawyer in Tucson. Contact us at the Zanes Law Injury Lawyers office to schedule your first case consultation.

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