Berkeley Springs, WV asked in Personal Injury for West Virginia

Q: Is it possible to file a personal injury claim from an injury suffered while in prison?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing

A: Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.

A: Yes, you can sue for a personal injury suffered while in prison. That kind of case can be very tricky, though, because prison personnel can sometimes be immune from liability, depending on the circumstances. And, of course, the injury must be the fault of someone other than yourself. From a practical standpoint, a suit by a prisoner against a governmental agency might not be viewed favorably by the public, including any potential jurors.

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