Can I sue the jail for a wound that I got before I was arrested for not giving me medical attention?

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Can I sue the jail for a wound that I got before I was arrested for not giving me medical attention?

Asked on October 22, 2018 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the wound was obvious and/or you told them about it and the failure to get you medical attention caused some serious and long-lasting harm to you (e.g. you got a very bad infection which has taken weeks or longer to treat; you have lost some bodily function; etc.) you could sue. But since the law only provides compensation for actual monetary costs or losses (e.g. medical bills) or serious physical injuries (or rather, only provides compensation worth suing over for serious injuries: in theory, you could sue for a small cut, but would get nothing or maybe a few dollars), without serious consequences, there's no point to legal action. And you also need to show that they acted carelessly in not getting you medical attention, which means showing that they were aware or should have been aware of the wound.


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