QUESTION

What should I do if while I was in jail serving time for a B&E charge a man decided to punch me in the face?

Asked on Oct 12th, 2012 on Personal Injury - New York
More details to this question:
I did not strike back I only called for the C.O. to come get me from the cell. I was taken to the hospital where C.T., X-Rays, and M.R.I.'s were taken. Results came back showing a fractured frontal bone and the fracture extends into my left eye socket. Doc that night told me that I would need surgery to correct "cosmetic deformity" within 2 weeks (normal waiting time). Pain meds were prescribed along with an antibiotic. Doc told me to keep ice on it (next 3 days) and I was supposed to be woken up every (2) hours, but wasn’t, nor did I ever receive any ice. (Normal procedure after head trauma) Five days after assault the jail I was in transferred me to another county facility. I believe I was sent without my meds because as soon as I got to the new facility my prescription "ran out" according to the C.O.'s. The man who assaulted me is charged with Aggravated Assault but has not been sentenced yet, therefore any/all the info on case is unavailable to me. It was 3 weeks after assault before I would be release from jail. I then went back to hospital for medical attention. All medical bills have been put on my shoulders. I do not have insurance and still need surgery. But instead of the original procedure (small incision in eyebrow) now they will need to cut from ear to ear over the back of my head to put a metal plate in. I don’t know what to do and desperately need answers. These aren’t even all the facts of the case. Medical bills are already over $6.000 (not including surgery) The surgery itself I’ve been told is over $20.000. WHAT DO I DO?
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7 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Try to stay out of jail.
Answered on Oct 16th, 2012 at 4:40 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Hire an experienced personal injury attorney.
Answered on Oct 16th, 2012 at 4:39 PM

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SUE THE ATTACKER AND THE JAIL/SHERIFF. GOOD LUCK!
Answered on Oct 16th, 2012 at 4:39 PM

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Ronald A. Steinberg
You cannot sue the jail, or the State/County/City which owns the jail, due to Governmental Immunity. However, if you can prove that the guy who hit you had a history of doing that, you might be able to file a claim against the cops who were in charge of the jail. It is a tough case. Of course, you can either sue the idiot who hit you, but what would you get from someone who is a stone loser? There is a long term solution. You might change your life choices so that you grow up and no longer do things that would put you in a situation like that again. Your choice. Just remember, we are all responsible for the results of our choices in life. When you hang around with bad guys, you are going to suffer in some fashion and at some time over which you have no control.
Answered on Oct 15th, 2012 at 4:29 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You can sue the man who hit you but he likely cant pay the judgment if you win. You can sue the jail only if you show their negligence caused the problem. Doesn't sound like it. You could apply for Medicaid benefit.
Answered on Oct 15th, 2012 at 2:59 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can sue the other inmate, but is is doubtful you can collect. Unless you can prove the jail was somehow wrong, you are probably on your own. Generally the jail is not liable for an illegal and assaultive act for another inmate.
Answered on Oct 15th, 2012 at 2:54 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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There are very strict limitations on liability for a prison's failure to protect inmates from each other. Go to your prison law library and do some research. Many others before you have done this.
Answered on Oct 15th, 2012 at 2:52 PM

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