QUESTION:

My son was stabbed while he was in prison. Can I sue them?

ANSWER:

Under California law, an incarcerated inmate must exhaust all administrative remedies before suing the state in a civil action based on conditions arising from his or her confinement.

There is a six-month limit for filing an action after the Victim Compensation and Government Claims rejects the inmate’s government tort claim, but the time during which the inmate reasonably pursues administrative remedies is excluded from this time limitation set forth on Gov.C. § 945.6(a)(1).

Work with a lawyer who is an expert in personal injury in order to be properly guided on the steps to take when claiming remedies from the state.


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The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.