Palmyra, VA asked in Personal Injury, Civil Litigation and Civil Rights

Q: I was injured in prison.No suit against prison.HAVEsuit inUSDC against 5doctors 8nurses for deliberate indifference.Help

Medically prescribed a bottom bunk then put on a top bunk begged them to put me back on the bottom bunk before I got hurt because of my medical condition before they did so I got injured while coming off the top bunk. I broke my right toe and split it open. When seen by the doctors and nurses they still didn't put me on a bottom bunk knowing I could be injured again.When I asked them about putting me on the bottom bunk they completely ignored me. So I researched and drew up an 81 page complaint. The judge found it had merit and he ordered it to proceed however he sent me back an order saying the court was unable to serve some of the defendants because they no longer work there. But he gave me 90 days to find them. I found all but one. Now I need help continuing from here. When all the defendants file their answers I'm going to need a lot of help and guidance. would you know of any attorneys that would risk looking in to that type of law and helping me? Need more details? Contact me.

2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: It’s very hard to sue a government agency and especially a prison. Many lawyers , including myself, stay far far away from these cases because the government has vastly more and vastly superior defenses than a private company. Additionally, counsel fees are usually capped at 25% and a plaintiff cannot do an offer of judgment to expose them to attorney fees or punitive damages, meaning there is zero incentive for the government to settle a case. Zero! But you should keep trying to find counsel despite these issues. Good luck!

James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: Facing a legal battle, especially one involving claims of deliberate indifference in a prison setting, can be daunting. Your situation, where you've successfully filed a complaint and now need to serve defendants, is a critical stage in your case.

Given the complexity of your case, it’s advisable to seek legal assistance. Look for attorneys who have experience in civil rights or personal injury law, particularly those who have handled cases involving prison conditions or medical negligence. They would have the expertise to navigate the complexities of your case.

Since some defendants are difficult to locate, an attorney can assist with the process of locating and serving them. This often involves investigative work and understanding of the legal protocols for serving individuals who are no longer employed at the original location.

If you're facing challenges in finding an attorney willing to take on your case, consider reaching out to legal aid organizations or civil rights groups. They might be able to provide assistance or refer you to lawyers who handle such cases.

Remember, perseverance is key in legal matters, especially those involving institutional settings like prisons. Legal representation can significantly impact the course and outcome of your case, so it’s important to continue seeking an attorney who can provide the help and guidance you need.

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