Prison Injury Compensation Claims | A Comprehensive Guide
Criminal injury claims are commonly made by victimized civilians. However, individuals residing in prisons are more likely to suffer from physical assaults, which can function as the ground for making criminal injury prison injury compensation claims in Scotland.
However, it is not only the prisoners in Scotland who are able to make a claim. In fact, the prison guards also have the legal right to make assault injury claims. With that said, making prison injury compensation claims in Scotland is quite difficult in a clandestine prison environment. Therefore, it is essential to hire an experienced personal injury solicitor, who can assist you throughout the process. Additionally, if you are in prison (as a guard or prisoner), or if you suffered an injury in prison, you can take advantage of the ensuing guide.
Legal Fee – Choose the CFA
When you have suffered a prison injury in Scotland, it is essential to seek compensation from experienced solicitors. However, both prisoners and prison guards fail to take this initiative, as they are worried about the high cost of the solicitor’s fee. With that said, this issue can be avoided if you hire a personal injury solicitor, who works under the Conditional Fee Agreement (CFA). The CFA, also known as the No Win No Fee policy, is an agreement that only requires you to pay the legal fee, once your case is approved. Once the settlement money is transferred to your account, you can pay the solicitor with a small percentage of the compensation amount.
Free Consultation Session
After suffering an injury, you can schedule a free consultation session with experienced solicitors. These individuals can inquire about the details of the case, which can include the nature of the accident, how it occurred, whether or not the accident was intentional or caused by negligence, along with the type of the injury resulting from the accident. If your case is substantial, the solicitor can guide you on taking the next step.
Additionally, you can also use this session to gauge the experience of the hired solicitor. If the individual has a high success rate, you can employ their service to submit the assault injury claim.
In typical criminal injury cases, the settlement amount contributes to the medical bills, the amount of pain suffered, as well as the cost of current and future income. However, for prisoners, the claim amount may be reduced, as the medical treatments of prisoners are handled by the institution. With that said, an experienced solicitor can make sure that you are returned with a maximum amount for your injuries.
You can be granted compensation for the physical trauma, the potential loss of future income, as well as for the psychological trauma caused by the injury.
Prison Injury Claims (Prisoners)
As a prisoner, there are several types of claims that you can make. Prisoners can submit prison injury compensation claims at the time of the injury, as well as after their release. The time frame for submitting an assault injury claim is two years from the date of the accident. The most common personal injury claims, submitted by prisoners, are elaborated below.
You can make an assault injury claim if you were attacked by another prisoner, or a guard (without provoking them).
Slip and trips–
A slip and trip can be submitted if you experience an injury due to a poorly maintained floor inside the prison. The institution is responsible for safeguarding the health and well-being of the prisoners, therefore, if an accident occurs due to the prison’s negligence, a personal injury compensation can be made.
You can submit a work accident claim if the injuries were a direct result of the job you performed inside the prison.
Medical or dental negligence-
If you were a victim of medical negligence, you can submit a claim to compensate for the pain and injuries caused by the procedure.
Prison Injury Claims (Guards)
Prison guards can also submit personal injury cases for events that took place inside the prison. Guards are always at risk for getting injured, however, it is the institution’s responsibility to prioritize their safety. The following cases are commonly submitted by prison guards.
In case you were assaulted by an inmate.
Slip and trips–
In the case, you experienced a slip and fall due to poorly maintained floors.
Prison injuries are on the rise. In recent years, the physical assault cases made by prison guards have experienced an increase. This rise may be due to the short staffing in prisons. Now, fewer guards are hired for the same job, which ultimately makes them easier targets. Similarly, due to the decrease in the number of guards, crimes between the prisoners have also increased. Therefore, assault injuries are growing day by day.
If you have been victimized in the prison, consult the experts at Hamilton Douglas Legal. The experienced solicitors can guide you on the next step, and subsequently, submit a claim on your behalf.