Experienced Personal Injury Lawyer For Prisoners In New York, David S. Leigh, P.C., Explains How Inmates Have The Right To Sue For Negligence
May 28, 2021 at 21:30
New York, NY - Being in a jail or prison does not mean that all of your human rights have been eliminated. Individuals are still protected under the Constitution to clean and safe conditions of a facility. But being imprisoned does make it much more difficult to file a successful lawsuit for negligence. Specific acts such as the Prison Litigation Reform Act (PLRA) and the Federal Tort Claims Act (FTCA), make for a very complicated process to endure. An experienced personal injury lawyer for prisoners will understand the complex nuances involved with filing a case and may be able to help.
David S. Leigh, P.C., has built a resume with many years of experience as a prosecutor, almost ten years in the private sector, and now as an attorney defending the civil rights of the people of New York. Throughout his many years as a practicing attorney, he has gained valuable experience and knowledge that has been very helpful in building successful cases for his clients. As a personal injury lawyer for prisoners, he is well versed in how to navigate the differences of a negligent case for the imprisoned.
“Just because you are serving time, doesn’t mean that you are no longer able to secure your constitutional rights. You still have the same basic human rights as anyone else in the United States. The criminal justice system still stands even if you are behind bars. Defending your rights is what becomes more difficult, which is why our firm is dedicated to helping the humans who are behind bars from having their rights violated.”
David Leigh explains how the PLRA becomes one of the biggest obstacles in the way of filing a personal injury lawsuit. The Act indicates that all incarcerated individuals must abide by the policies and procedures of the facility that they are in to submit a complaint or grievance. In addition, it must be proven that the inmate took all the appropriate steps they needed to take for the issue to be resolved and that nothing was done to rectify the situation that caused the victim harm. Another obstacle to consider is how employees in a state or federal facility are protected from being sued under qualified immunity. The negligent case must prove that the victim’s constitutional rights have been violated.
“The Eighth Amendment was established to prevent governing bodies from allowing unusually harsh cruelty or punishment but unfortunately, many jails and prisons fail to keep a preventable injury from happening. Whether an injury comes from excessive force, unsanitary living conditions, or the lack of the proper medical care, with the assistance of an experienced prison lawyer you may be eligible for a successful negligence case.”
The Law Office of David S. Leigh, P.C. states that if you believe that one's rights have been violated, it is important to seek help and guidance from an attorney who is experienced with handling the additional obstacles that imprisoned individuals face when trying to file a personal injury lawsuit. To read more about suing a jail for a negligence lawsuit, the entire article can be viewed on the attorney’s website at https://www.davidleighlaw.com/can-you-sue-a-jail-for-negligence/.
For more information about David S. Leigh, Civil Rights Lawyer, contact the company here:
David S. Leigh, Civil Rights Lawyer
David S. Leigh
11 Broadway # 615, New York, NY 10004