Broke Femur Playing Football While Incarcerated...
by April (Plainfield, Illinois)
My son was playing football in the yard at the prison he was being held in. While running, his leg fell in a hole and he felt his leg pop. He wound up having surgery while in prison, and doctors had to put a rod from his hip down to his knee. They also had to put bolts in his knee.
My son is 26 yrs old and this injury will forever cause him pain. My question is, does my son have a personal injury case against the prison for not maintaining the yard and/or allowing the game to be played in an unsafe area?
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ANSWER for "Broke Femur Playing Football While Incarcerated...":
April (Plainfield, Illinois):
The State of Illinois has 27 prisons. They are all State owned and operated. Filing a personal injury claim against a state entity is much different than filing a personal injury claim against an individual or private company.
In the State of Illinois your son would have to file a Tort Claim. He can do that by contacting the State of Illinois Attorney General's Office. He needs to tell them he wants them to send him a Tort Claim Form.
In the State of Illinois your son has 90 days from the date of his injury to file a Personal Injury Tort Claim.
Once filed the case becomes similar to a private personal injury lawsuit. Your son should be contacted by an insurance company Claims Adjuster and the case will progress from there.
The Adjuster will investigate the underlying facts of the injury. A determination of liability will be made. Your son will submit all his medical bills, or "Hard Costs". If the insurance company's claims adjuster believes the State of Illinois is liable for your son's injuries she will attempt to settle the case with your son.
If they don't accept liability your son can proceed to trial.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.