Legal Question in Personal Injury in California

In September 2010 my son ( as well as other inmates) were being transported from an Arizona Prison to a private contracted prison in another state, were injured when a company truck caused the charter bus they in to wreck, resulting in one of the deputies breaking his/her back, and another to be knocked out, my sons injuries were to his lower back, knee, and a bruised face @whiplash, sat with no medical attn. for 2 hrs. given asprin, still shackled for 36 hours straight until they got to their new prison in another state.He still has not received the right medical attention and thearpy that he needs.I feel his constitutional rights were violated.I do need to know if i have a case and if so please contact me.-Hurting Mom.

Asked on 5/28/11, 8:51 am

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

0 users found helpful

0 attorneys agreed

You don't have a case, but your son might. He could have claims arising both from the accident and from the subsequent failure to treat his injuries.

Claims based upon the accident would be governed by the laws of the state in which it happened. Claims based on the lack of treatment would probably be governed both by Arizona law and by the laws of the state where he was taken; they might also be subject to the laws of the state where the accident happened and any other states he subsequently passed through.

Chances are that none of these things happened in California. I suggest re-posting your question under one or more of the states I described above.

Please note that you haven't told us much about your son's injuries. If they were minor, any case he has might not be worth bringing. Even if they were major, it's plausible that the parties at fault (say, the driver of the other vehicle) will not be able to afford all the claims that will be made against them. That's another issue your son and his lawyer should take into account.

Good luck.

Answered on 5/28/11, 9:06 am

Mark as helpful

George Shers Law Offices of Georges H. Shers

0 users found helpful

0 attorneys agreed

Mr. Hoffman is very correct. There also is the possibility that the state of Arizona might have liability. I do not know Arizona law, but if it happened in California there is a claims statute that requires him to file a claim within 180 days of the incident. Arizona probably also has a claims statute. Also, insurance companies base their payments on what they think a jury would award the plaintiff if the matter went to trial. Juries in Arizona are likely very conservative and are not going to be positively disposed as to someone who was in jail. Your son's case, as a practical matter, may not be worth very much.

Answered on 5/28/11, 9:32 am

Mark as helpful