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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Husband wants to file a case against Burnet County Jail for

Customer Question

Husband wants to file a case against Burnet County Jail for facial injury and loss of teeth when he was struck with a grenade like chemical gun while in custody. We complained about this incident,later found out the officer was let go. Does my husband have a chance in winning?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,These kinds of claims are impossible for us to evaluate on a chat forum (we simply do not have sufficient information to do the detailed case review to help you identify all of the causes of action, defenses, and issues appropriate to the case).However, given the nature of the situation (injury occurring while in a county jail facility due to conduct by a law enforcement officer), I can direct you to the proper type of local attorney that can do this kind of valuation for you, and potentially take on your husband's claim to represent him in a civil suit against the County.While there are likely multiple causes of action, the primary one that is brought in these instances is under Federal Statute 42 USC 1983.You will want a "civil rights" civil litigation attorney, preferably one with experience in federal courts or federal litigation. Most of these attorneys are willing to represent their clients using the "contingency fee agreement" where the law firm will advance its services and the costs of litigation, in exchange for a portion of the client's recovery. So the client will get representation without having to pay anything up front, but will have to reimburse the law firm for its expenses, then pay the law firm a portion of their recovery to compensate them for their time and efforts. (These fee agreements can be changed between the parties, and some lawyers will have the client pay for the litigation costs as the matter is being litigated, and the client will only have to split part of their recovery to pay for the attorney's time when they win).It is important to discuss with your attorney the details of your compensation agreement at the time that you sign up for services (this contract is usually referred to as the "Legal Services Agreement"), and if you have any questions, the lawyer should be more than willing to explain and discuss them with you. You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).
Customer: replied 1 year ago.
How soon after the incident can he file against the county or officer.? I've been trying the last month and no one returns calls. It's quite frustrating.
Expert:  CalAttorney2 replied 1 year ago.
There is no delay required. But the statute of limitations for these claims is 2 years from the date of injury (so he must file before then).When contacting attorneys, it is important to ensure you are calling the right type of attorney. In your husband's case, he is going to be looking for a civil rights attorney (fall backs would include personal injury attorneys with federal litigation experience, or attorneys that have "1983" litigation experience (as I noted above this is the primary cause of action for your husband's type of claims).