What If You Are Injured By A Police Officer During An Arrest?

Personal injuries take many forms. Slip and fall incidents and car accidents represent typical examples. At the core of all personal injury cases is the question of negligence, which could be deliberate or accidental. Regardless, anyone who hurts someone out of neglect might be sued. Lawsuits may even drag employers or even municipal agencies into court. Police officers who injure someone due to negligence, for example, could pull a city or state into legal troubles.

Reasonable Force and Liability

Police officers often find themselves using necessary force to restrain a suspect. In certain situations, a suspect could suffer an injury, but the police officers aren't liable. Imagine if a criminal resists arrest and attempts to seize a firearm while physically assaulting a police officer. He/she may not have a case if injured in the resulting melee. In other situations, however, a police officer may be fully responsible for someone's injuries.

Excessive Force and Injuries

While it is difficult to second guess a police officer's actions, evidence sometimes points a finger towards negligence. Let's say security camera footage captures a police officer telling a suspect to sit on the curb, a common request made by officers who suspect someone of a crime. If the person refuses to comply, the officer may restrain and handcuff the individual, a reasonable response given the dangers the officer faces. If the suspect moves too slow and an impatient police officer pushes the suspect down to the curb without provocation, the officer's action may be negligent. If due to the officer's unnecessary actions, the suspect suffers severe knee damage upon hitting the cement, the injured suspect may have a strong case.

Unintentional Injuries and Negligence

A police officer could hurt a suspect unintentionally. Deliberate intent is not a prerequisite for finding someone guilty of negligence. For example, if a seated and cuffed suspect is accidentally brought to his feet too hard, a dislocated shoulder or elbow may result. Questions arise regarding whether the officer lacked the necessary care when lifting the prone suspect. If the suspect did not resist nor contribute to causing the injury, the officer might suffer all blame.

Retaining Qualified Counsel

Lawsuits related to injuries associated with an arrest can prove complicated to argue in court. A jury may sympathize with the police officer and extend a more significant benefit of a doubt. So, it becomes critical to hire a personal injury lawyer capable of litigating such a difficult case.

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