Excessive police force can lead to severe injuries or death. Today, it is a common misconception that police always have qualified immunity and can’t be sued if they injure someone. If it is determined that the injuries or death are due to excessive force, it is possible to sue the police department for misconduct. Those who have been injured will want a lawyer to help them through this process.
What is Excessive Force?
Police may need to use force to end a situation quickly or place a suspect under arrest. However, they are limited to just the amount of force necessary to end the situation, and they do not have the ability to freely injure or kill a suspect because they feel there is a threat. In situations where police used excessive force, victims have been able to get a settlement to cover the damages and injuries sustained. A lawyer is needed to help show that excessive force has occurred and was the cause of injuries or death.
Who Decides if the Force Was Excessive?
The decision for whether the amount of force was excessive is left to the insurance company covering the police department. If a settlement is not possible and the case moves to court, whether excessive force was used is then determined by the jury and judge. Evidence will be needed to show how the injuries occurred, what was happening before the injuries occurred, and whether the amount of force was necessary to subdue the person or end a dangerous situation.
The Use of Deadly Force
Deadly force can be used in some situations where the officer’s life or the life of another person is in imminent danger. A police officer can use excessive force, for instance, to stop someone who has murdered someone and is likely to do so again. In situations where deadly force is used, the police officer can have qualified immunity, meaning they can’t be sued. However, this only applies if the amount of force is determined to be constitutional or if there was not a clear law regarding what qualifies as excessive force. A lawyer can look at the case to determine if qualified immunity applies and, if not, what can be done to help the victim get compensation for their injuries.
What Victims Can Do After Excessive Force
When there is excessive force used and a person is injured, they should seek medical attention as quickly as possible. If they are arrested, they will want to request medical attention or speak with their lawyer to get advice on how to get medical help for any injuries. It is important to have a record of all injuries as well as anything that was damaged because of the excessive force. From there, the victim has the right to contact a lawyer for help. The lawyer will review the case carefully and, if possible, work on helping the victim obtain compensation for their injuries.
If you have been the victim of excessive use of force by a police officer, it may be possible to obtain a settlement that can cover the financial parts of your recovery. Talk to a lawyer today to learn more about your case, whether it’s possible to sue, and how much compensation you can receive if you win the lawsuit.
*The information in this article does not necessarily reflect the views of The Global Hues. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in this article.*
