How To Seek Compensation For Your Injuries After A False Arrest
Posted on: 1 April 2021
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Police officers are given some degree of immunity when arresting a suspect. If you are injured while you are under arrest, you may not have any recourse to sue for your injuries. Also, if you are placed under a false arrest, you cannot sue unless your personal injury attorney is able to prove that the officer knew or should have known that the arrest was false.
How to Prove a Reasonable Arrest
Even if there was no reason to arrest you, the officer would be in the clear if they had a reason to suspect that you had committed a crime. For example, if the officer mistakes you for another perpetrator, that might be a justifiable reason to arrest you.
To prove that the officer was negligent when arresting you falsely, your personal injury attorney will need to prove that a reasonable officer would not have arrested you or that the officer knew that you should not have been arrested.
The Characteristics of a False Arrest
To become the victim of a false arrest, you will need to have been confined against your will. The officer must not have your consent and there must not be a legal justification to arrest you. The individual must also be conscious of the confinement and the confinement must be intentional.
For example, if you agreed to be placed in the back of a squad car and the police officer is forced to leave the scene due to an emergency such as the need to pursue another suspect, you may not be able to seek damages for being confined if you decide that you want out of the back of the squad car.
Damages You Have Suffered
If you have suffered physical or psychological damages as a result, you may be entitled to compensation. If you have suffered any physical injuries, you'll want to receive treatment for your injuries as soon as possible. This will help create records that you have suffered damages. You must also follow your doctor's instructions perfectly.
Seeking compensation from the government can be difficult because you will have a shorter statute of limitations and your personal injury attorney will need to pass a higher bar. Also, you will likely be limited in the compensation you will be able to receive. However, many suspects in the past have been able to successfully sue the government for compensation for their injuries.
To learn more, contact a personal injury attorney.