Posted on February 23, 2022 at 1:27 pm

Biz Lifestyle

Everything You Need to Know If You Have to File a Police Negligence Claim

The majority of law enforcement officers will do their jobs with dedication, commitment, and respect for the communities they serve. Many of them follow this career because they are passionate individuals who want to help people in need whenever an accident or an unfortunate situation occurs. Plus, they have a great deal of respect for the law and justice, in general. 

This being said, there are incidents and cases when even some police officers can be negligent with respect to specific situations they haven’t dealt with appropriately. In this case, it is essential to mention that if you have been involved in a circumstance where you have been a victim of police negligence, you are entitled to file a compensation claim for any damages you have suffered. Indeed, an essential and noteworthy aspect to point out is the fact that there is a minority of law enforcement officers who have been involved in negligent claims and haven’t acted in compliance with the law. But because this is, unfortunately, a reality, it must be addressed so that the victims know what to do.

In any situation, the police are required to comply with the law and adhere to procedures and regulations. Whether they make an arrest, detain a person, respond to a seemingly not dangerous call, or have to pursue a suspect, police officers must act accordingly within the law. However, there are cases of misconduct, mistreatment or misuse, or power abuse, which can lead to wrongful and reckless behavior on behalf of the police.

So, if you are a victim of any of these instances, you can take civil action and file a police negligence claim for compensation. Here is what you need to know:


Show Proof of Misconduct and Mistreatment

A police negligence claim can be more challenging to win simply because it is made against officers of the law, and it is of the utmost importance and highly required you have extensive and solid evidence. If your claim is not backed up and corroborated by witnesses, it may be a challenge to prove it. This is because there are people who wrongfully accuse police officers, which could be incredibly damaging to their careers. 

Therefore, it is crucial to show proof of misconduct, mistreatment, or any negligent behavior the police officer has had when handling your case. This includes visual content, such as photographs and videos. It would be best if you could access CCTV footage. If not, any proof of negligence is better than none at all. 

Apart from this, witness statements are also a great advantage. Having someone corroborate your statement on how the event has unfolded can help you a great deal with the police negligence claim. Together with medical records, bills, and diagnoses, all these can back you up and help you get a fair and deserved compensation. 


Hire A Professional and Expert Lawyer 

As mentioned earlier, police negligence claims can be tricky and highly challenging. Dealing with matters of the law where law enforcement officers are directly involved includes many guidelines, procedures, and a lot of highly detailed laws. For this reason, it may not be easy to deal with such a claim on your own, simply because you are not an expert in this area and sector. And, even if you were, it is still recommended you detach yourself from the case as much as possible.

A professional lawyer with a great deal of legal expertise brings objectivity to the table, which is extremely necessary for compensation claims, but especially when it comes to police negligence claims. Besides being more objective and having vast knowledge of these matters, lawyers are also highly skilled in negotiations, which is another great advantage. Plus, you don’t have to worry about the financial aspect, as there are many lawyers who work on a no-win, no-fee basis, meaning that they will only be paid if the case is won, with a part of the percentage going to your legal expert. 


The Time Limits Are Important to Know

If you are involved in a police negligence claim, it is highly necessary to know that there are specific time limits applied. These limitation periods represent the time available for you to file a compensation claim. This means that if you exceed this limitation period, your claim won’t be taken into consideration. 

When it comes to police negligence claims, the limitation periods can differ depending on the misconduct or mistreatment involved. So, it is crucial to know this and know what to look for, taking into account your situation and why you have to file a police negligence claim. 

For instance, the limitation period for negligence causing personal injury is three years, starting from the date when the injury happened. But for situations such as unlawful or wrongful arrest, negligence without personal injury, or malicious prosecution, this period is six years. There are many police negligence actions for which the limitation period can differ, so it is crucial to research your case. For this reason, it is best to hire a professional lawyer who can support you throughout this difficult process. 


Keep A Record of All Expenses and Financial Losses

Depending on the claim, you may have to seek medical attention. In this case, it is of the utmost importance to keep a record of all expenses involved. All these are imperative in a compensation claim case, from hospital visits to medical records, including diagnoses and course of treatment, recovery expenses, to any financial losses you might have suffered as a result of police negligence. Therefore, keeping a record of everything is of the utmost importance. 

Your lawyer, an expert in police negligence claims, will advise and support you every step of the way, so you don’t have to worry about leaving any vital information or details out, which could make your case much stronger. Even if the claim is police negligence without personal injury, meaning your physical health hasn’t been affected, you are still entitled to file a claim. The emotional distress and damage to your mental health are enough reasons to claim compensation for police negligence. In this case, proof may be more challenging to get, but not impossible, with the help of a professional lawyer.

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