What to do if I was injured during my arrest and was later refused medical treatment by a nurse while incarcerated?

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What to do if I was injured during my arrest and was later refused medical treatment by a nurse while incarcerated?

This, all because I refused to give my name. Later after I was released from jail. I went to a nearby hospital and the doctor told me that I had pulled muscles in my shoulder from the police officer during my arrest. Can I sue the jail and the police station?

Asked on March 19, 2014 under Personal Injury, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Prior to filing a lawsuit for negligence against the police and state, it may be possible to settle the case with their insurance carrier(s). Most likely, they are self-insured through the state of IN.  You would need to contact their claims department(s) to obtain the insurance information and procedures for filing a personal injury claim.

You will need to obtain your medical bills and medical reports to file your personal injury claim.  If after getting out of jail, you had a wage loss due to your injury, documentation of that wage loss should be included in your personal injury claim.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the insurance carrier(s) for the police and jail, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence against the police and jail.  It is very important that you are familiar with the claims department procedures because there may be a filing deadline for filing your claim and having it rejected before you can file your lawsuit.  If you miss the filing deadline for filing the claim, you may not be able to subsequently file the lawsuit.

If the case is NOT settled with the insurance carriers for the police and jail, name both parties as defendants in your lawsuit.  You may also need to name the state and city as defendants in yoiur lawsuit.  If the case is settled with some but not all parties, only name the remaining parties with whom the case did not settle as defendants in your lawsuit for negligence.  If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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