Visitor Question

Negligence at Overcrowded Prison Facility Caused My Injury…

Submitted By: David (Chester county)

About 3 months ago I was arrested on an erroneous bench warrant. I was found not guilty but during my stay at the prison facility I fell from a top bunk assignment when I had a bottom bunk pass.

The prison was and is still overcrowded which is why I was given a top bunk and not a bottom like I was suppose to have. The reason for the bottom bunk pass was because of a brittle bone disease I was born with. I broke my wrist in the process and will need to have surgery but am unable to at the moment because I do not have health insurance.

What type of settlement am I looking at and how long should it take?

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.

Answer

Dear David,

Whenever you are suing a state agency, you must submit an administrative claim within a proscribed period of time – usually 6 months.

Though those claims are often denied, they are required in order to proceed to the next step. It’s called “exhausting administrative remedies.”

From there, you can pursue a claim against the prison. The catch-22 for you is that you cannot get treatment until you submit a claim (so it sounds) and cases usually do not settle without treatment.

So what you will need to do is find a doctor who will either take your case on a lien or who will advise you on the approximate amount for surgery. You need a dollar figure to formulate a demand for settlement.

Without knowing what a prospective surgery would cost, it is impossible to advise you on the settlement figure or the length of time until a case such as this settles.

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 22, 2010

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