Can I Be Compensated If I Was Injured in Jail?

Being injured is a distressing experience regardless of where it occurs, but when it happens while in jail, it can be especially challenging. If you or someone you know has suffered an injury while in jail, you might wonder whether you can be compensated for the harm endured.

It is important to know that you have rights when you get injured, even when the incident occurs in jail. As an experienced attorney could further explain, it is possible to be compensated for an injury you experience in jail under certain parameters.

Jails Have a Duty of Care

Jails, like any other institution, have a duty of care toward their inmates. This duty encompasses providing a reasonably safe environment, protecting prisoners from harm, and meeting their basic needs. Like other institutions, jails can be held responsible for their negligence in allowing individuals who reside in these institutions to suffer harm. In some cases, the extent of an institution’s negligence can result in the inmate or their family receiving compensation.

Establishing Negligence for a Jail Injury

There are a few steps that must be taken to successfully pursue compensation after being injured in jail. Like any other personal injury claim, injured inmates will need to demonstrate how someone was negligent. To successfully pursue compensation for injuries sustained in jail, you will generally need to establish the following elements:

Duty of Care

First, you must demonstrate that the jail owed you a duty of care. This means proving the institution was responsible for your safety and well-being while you were incarcerated.

Breach of Duty

Then, you need to prove that the jail breached its duty of care by failing to take reasonable steps to prevent your injury. This could involve a lack of proper security measures, inadequate supervision, or failure to address known risks.


You must also prove that the breach of duty and negligence of the jail was the direct cause of your injury. If other factors unrelated to jail conditions contributed to your injury, it may weaken your claim to receiving compensation.


Finally, you need to establish the extent and nature of the damages suffered because of the injury. Recoverable damages could include physical pain, emotional distress, medical expenses, loss of income, or any other measurable losses.

If you can demonstrate negligence, there are several potential legal avenues for seeking compensation. A seasoned attorney could provide crucial assistance in establishing this criteria to build the strongest possible case.

Call an Attorney When You Have Been Injured in Jail

Establishing negligence and pursuing legal action against a jail can be complex, so you should consult with a personal injury attorney experienced in handling prison litigation. Contact a seasoned attorney at Whetstone, Perkins & Fulda today to discuss the next steps you or your loved one could take to pursue compensation.

Whetstone Perkins & Fulda