By Mark Reeves. Last Updated 25th September 2022. You may be looking into prison injury lawyers because you’ve been injured while working in a prison. Or you may be an inmate who has been injured because there was a breach in the duty of care owed to you. If so, this guide offers vital information on prisoner compensation claims.
If you have any queries about claiming for being assaulted as a prison officer or prison injury, please don’t hesitate to contact our advisors. They’re available 24/7, offer free legal advice and can tell you in one phone call if you’re eligible to claim. Furthermore, they can put you through to our panel of solicitors who could help you receive compensation.
Contact us at a time that works for you using the details below.
- Call us using 0800 408 7825
- Contact us through our website
- Chat to us using the Live Chat Window on your screen
Read on to learn more about how to claim compensation if you’ve been injured or assaulted in prison.
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- What Claims Do Prison Injury Lawyers Handle?
- Prison Officer Assault Compensation Claims
- Slips, Trips And Falls
- Evidence To Support Your Prisoner Compensation Claim
- Injury Compensation Claims Calculator
- Discuss Your Claim With No Win No Fee Prison Injury Lawyers
- Learn More On Prisoner Compensation Claims
You can use prison injury lawyers to help you claim for an injury in the same way you could claim for an accident at work. When making any personal injury claim, the important thing to remember is that you need to prove that your injury was caused by the negligence of a party that owed you a duty of care.
You may be wondering, “how is this important to claiming prison officer assault compensation?” Every employer in the UK has a duty of care in the form of the Health and Safety at Work Act etc. 1974. The Act states that, within reason, employers need to ensure that the work environment, facilities and equipment are safe and secure enough to be used by employees.
This is also true for the health and safety of inmates. Prisons must be designed and run in a way that promotes and creates a safe environment for those who are detained. If this duty of care was to be breached and liability proven then a personal injury claim may be pursued.
Therefore, if you suffer an injury that should have or could have been avoided had more appropriate health and safety practices been implemented then it may be possible to pursue a personal injury claim. Prison injury lawyers are specialised, have years of experience and could help you receive compensation on a No Win No Fee basis. Contact us using the details above to learn more about the claims process.
Time Limits For Prisoner Compensation Claims
As with all personal injury claims, prisoner compensation claims must be initiated within the limitation period. This is typically 3 years from the date of the accident that caused the injuries as per the Limitation Act 1980.
However, in some cases, there are exceptions to the time limit. These include:
- Those without the mental capacity to bring forward a claim themselves have an indefinite suspension applied to the time limit that lasts for as long as they can’t make their own claim. However, during this time, a court-appointed litigation friend can file the claim on their behalf. Should the injured party regain this capacity and a claim was not started for them, they will have 3 years from that date to begin proceedings.
- Those under the age of 18 have a pause applied to the time limit that lasts until their 18th birthday. Prior to this, a litigation friend can file a claim for them. However, if they turn 18 without a claim having been made, they will have 3 years from the date of their 18th birthday to start the claims process.
If you have any questions about making a claim for personal injury compensation, or to check if you are within the limitation period, speak with an advisor from our team.
As stated above, an employer has a duty of care to all its employees to keep them as safe and secure as reasonably as can be expected. No workplace is 100% safe. But an employer must carry out risk assessments and where dangers cannot be removed must be reduced as much as possible. To make an assault claim against your employer for being assaulted as a prison officer you must be able to show how your employer allowed this to happen.
The most important part of any claim is proving that the primary cause of your injury was third-party negligence. Therefore, below we look at example scenarios:
- The employer did not carry out an adequate risk assessment
- The employer provided insufficient equipment to prevent the assault
- A risk assessment was performed but poorly implemented.
If it is established that the employer is not liable there may be the option to claim through the Criminal Injuries Compensation Authority CICA. The CICA is an executive agency of the UK Government that provides compensation to victims of crime when there is no other avenue. Our panel of criminal injury claim solicitors could assess your case for free today.
You could be seeking prison injury solicitors because you suffered a slip, trip or fall while working or as a resident at a prison. Part of your employer’s obligation is to ensure the work environment is safe as can be reasonably expected. Sometimes all hazards and risks cannot be completely removed but must be reduced as much as possible. Again the prison environment must also be kept safe for inmates, visitors and the like to ensure the risk of injury to others is minimalised as much as possible.
An injury like this could have severe consequences. Examples of slips, trips and falls incidents and injuries include;
- Slipping on a wet floor due to no warning signs being present. This could cause a serious ankle injury or foot fracture.
- Tripping on exposed wiring.
- Falling down a flight of stairs due to leaning on a faulty handrail
You could be wanting to use our panel of prison injury lawyers to help you with injuries caused by these types of incidents. The next section will provide examples of evidence you may need to receive compensation.
To make a personal injury claim after being injured in a prison you will need to provide evidence as to who you believe is responsible for causing the injury you suffered. If you are wholly respsonble for the injuries sustained then a claim is not possible. However, even if you are partially at fault for the incident you could still be able to make a personal injury claim.
The reason you’re able to make a claim comes back to third-party negligence. It’s only by proving that your injury was caused by negligence that you would be able to receive compensation. Unless you are making a criminal injury claim then the criteria are different. Whether you choose to use prison injury lawyers or claim through other means, evidence will be crucial because it can show a link between your injury and negligence.
Examples of evidence you could use include:
- CCTV footage
- Photographs of your injury and the scene of the accident
- Witness details
- Medical evidence
If you can provide sufficient evidence showing that their negligence caused your injury, it could give you a better chance of receiving prison injury compensation.
You may be wondering what types of compensation you may be able to receive for a prison injury. There are two potential heads of claim.
- General damages relate to the psychological issues and physical implications of the injury.
- Special damages relate to the financial losses caused by the injury. You could claim for things like loss of earnings, loss of future earnings, travel costs, private healthcare fees and adjustments required to your home due to your injury. Therefore, you may want to know if you can claim for a loss of earnings as part of a claim. This is something you may be able to receive compensation for.
However, it’s important to note that if you don’t receive compensation for general damages, you won’t receive any compensation for special damages. This is because, by not receiving general damages, it means that the court has deemed the defendant not liable for your injuries.
What Factors Could Influence How Much You Receive For Prisoner Compensation Claims?
We have listed settlement estimates that successful prisoner compensation claims might achieve. However, it’s worth remembering some of the factors that could help to shape how much compensation you may get. A lawyer for prisoners will be able to consider all of these factors.
The first of these is the severity of your injury. After all, the more serious that the injury is, the bigger the impact on your life may be. You could attend an independent medical assessment so that the impact of your injuries is determined. If you choose to work with a lawyer from our panel, then they could arrange this in your local area to reduce travel time.
You should also collect evidence in support of your claim. Prisoner compensation claims as well as claims made by prison officers and other members of staff will require proof, such as CCTV footage or witness contact details so a statement can be provided.
If you’re wondering how a lawyer for prisoners could help you with your claim, speak with an advisor today. You could be connected with a solicitor from our panel if your case is valid.
Compensation Payouts That Prison Injury Solicitors Could Help Recover
The Judicial College Guidelines (JCG) can provide you with a greater idea of what you could receive from a successful claim. For you to receive compensation, you would need to show that your injury was caused by third-party negligence. You would also need sufficient evidence to make a successful claim. Prison injury solicitors can help you collect the right evidence to build your case.
Below are figures taken from the latest edition of the JCG, published in 2022. These figures have been created based on successful personal injury claims information from England and Wales. However, please remember that these figures are not guaranteed as there are many factors that can dictate your potential compensation, should your claim be successful.
|Injury Type||Severity||Compensation Amount||Description|
|Brain||Moderately Severe||£219,070 to £282,010||This bracket is for brain injuries that leave the injured person seriously disabled. As such, they will be substantially dependent on others with a need for constant professional and other care.|
|Ankle||Very Severe||£50,060 to £69,700||Injuries in this bracket include cases of transmalleolar ankle fractures causing deformity and extensive soft tissue injuries as well as bilateral ankle fractures that lead to joint degeneration of the joints.|
|Hand||Serious||£29,000 to £61,910||Injuries in this bracket include ones that reduce the hand to around fifty percent capacity. This could be because several fingers have been amputated but rejoined to the hand.|
|Elbow||Severely Disabling||£39,170 to £54,830||This bracket is for an elbow injury that is severely disabling.|
|Psychiatric Damage Generally||Moderately Severe||£19,070 to £54,830||Cases in this bracket will cause significant problems associated to the injured person's ability to cope with life and employment as well as their ability to cope with relationships with friends and family.|
|Arm||Less Severe||£19,200 to £39,170||Injuries in this bracket are for less severe arm injuries that still cause significant disabilities. However, a substantial degree of recovery will either be expected or will have already taken place.|
|Injuries to the Pelvis and Hip||Moderate (i)||£26,590 to £39,170||This bracket is for a significant pelvic or hip injury that won't cause any major permanent disability.|
|Leg||Less Serious (i)||£17,960 to £27,760||Injuries in this bracket include serious soft tissue injuries or fractures that lead to an incomplete recovery.|
|Back||Moderate (ii)||£12,510 to £27,760||Cases in this bracket include disturbance of muscles and ligaments that result in backache.|
|Foot||Modest||Up to £13,740||Cases in this bracket include ruptured ligaments, puncture wounds and simple metatarsal fractures.|
To see if you can make a claim or if you would like a compensation estimate that relates specifically to your injury, please contact us. Furthermore, one of the prison injury solicitors from our panel could help you receive compensation. They are specialised in personal injury law and have years of experience. You can contact us for free using the above details.
The benefits of using prison injury lawyers on a No Win No Fee basis includes:
- No hidden fees
- Not having to pay your solicitor’s legal fees either upfront or during the claims process.
- Only paying your solicitor’s legal fees once a settlement has been agreed upon. Therefore, a No Win No Fee solicitor will only work with you to receive prison injury compensation if they feel you have a reasonably good chance of success.
If you’ve suffered from an accident at work or a prison assault, our advisors could answer any questions or queries you have about claiming. They’re available 24/7, offer free legal advice and can tell you quickly and clearly if you’re eligible to claim. Furthermore, they can put you through to our panel of prison injury lawyers whose expertise could help you receive compensation.
Contact our team using the details below.
- Call us using 0800 408 7825
- Contact us through our website.
- Chat to us using the Live Chat Window on your screen
To learn more about prisoner compensation claims, please use the links below.
If you’d like to read more about prison injuries, please refer to the Ministry of Justice statistics.
Psychological injuries can be helped with things like talking therapy. The NHS provides guidance about this on their website.
Would you like to know more about work-related injury statistics? If so, please refer to this Health and Safety Executive (HSE) webpage.
You may be wondering, “can I sue someone for assault?” If so, please read this guidance from our website.
If you’ve injured your knee as part of a work accident, please read this to see if you can claim.
To learn more about your rights after an accident at work, please read this article.
If you’d like to learn more about our panel of prison injury lawyers and how they could help you receive prison assault/injury compensation, please get in touch with our advisors at a time that suits you using the contact details above.