Visitor Question

Foot Surgery Needed Due to Injury While Incarcerated…

Submitted By: Nicole (Los Angeles, CA)

I was injured in a Los Angeles county penal facility when I was incarcerated for a bench warrant. The day I was arrested I was injured by a very heavy laundry cart with metal wheels being pushed over my foot in an accident caused by one of the sheriffs on duty. She was just not paying attention.

Two months later I am left with no other option but to have foot surgery to repair the injury. The doctors are putting two screws in my foot and it will be another 2 months before I can even begin to walk again.

It’s been difficult dealing with this injury and I was just curious, how much could I expect to receive in a settlement for this type of injury? How would I pursue compensation? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Nicole,

You may run into administrative “red tape” in your case.

Because a deputy sheriff injured you in the line of duty, the jail and its administrators may attempt to claim some form of sovereign immunity. Sovereign immunity protects peace officers from most civil suits.

Filing a personal injury claim against a governmental entity is always difficult. There are many “hoops” you will be made to jump through.

In a case as serious as yours you will probably be best served by retaining the services of a good personal injury attorney. Experienced personal injury attorneys know how to cut through all of the administrative roadblocks.

Most personal injury attorneys will not charge for an initial office consultation. Speaking with one would be your best bet at this time.

You should also know if a personal injury attorney accepts your case she will only be paid if, and when, she either settles or wins your case at trial.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 9, 2011

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