Why You Should Hire An Excessive Force Attorney

If you suffered serious physical injuries during an arrest by law enforcement officers, you may have been a victim of excessive force and other forms of police misconduct. Fortunately, it’s possible to take legal action to hold officers accountable with the aid of an excessive force attorney – or as more commonly called, a “civil rights attorney.” A qualified civil rights attorney can help you receive compensation for the following:

• Medical bills resulting from the treatment of injuries
• Lost income due to inability to work
• Future expenses if you cannot return to work due to injuries
• Your pain and suffering
• Your present and future disability
• Your emotional distress and outrage

What is excessive force?

Excessive force is a type of police brutality and police misconduct; it refers to unlawful force used by law enforcement officers often resulting in physical injuries to the victim, and in some cases, death.

Although police officers are allowed to use reasonable physical force as a way of self-defense, in defense of others, or when reasonably necessary to carry out their lawful duties, they sometimes cross the line. Each law enforcement agency has policies and guidelines as to the appropriate amount of force that that officers are permitted to use. More importantly, the United States Constitution, as interpreted through the courts, sets limits on police officers’ use of force.

Excessive force is force that is objectively unreasonable under the circumstances. It is also force that a reasonable officer would understand was unnecessary.

Excessive force claims

In civil lawsuits, the plaintiff who brings the case generally has the burden of proof.  (In a civil case, the burden of proof generally is proof by a preponderance of evidence, also known as “a slight tilt in the scales of justice”). Therefore, to prove excessive force in court, a plaintiff must introduce evidence sufficient to prove his claims. That is why it is vital to ensure that any valuable evidence is preserved.

It’s recommended that you take photographs of any injuries sustained, not just on day one, but regularly through the healing process.  Write down your recollection of the incident to provide to provide to your lawyer as soon as possible to remember important details, and keep any clothing or objects that were stained with blood during the incident.  Try to obtains names and contact information for any witnesses who saw the incident; if you were arrested, ask your friends of family to help collect this information.

It’s also important to note that excessive force cases are handled slightly differently than a typical lawsuit in many states. For example, a new law in California makes it a little easier for police officers to be sued for the use of improper deadly force.

Before this new law passed, deadly force could be used by law enforcement when it was deemed “reasonable” under the circumstances. But now, it can only be used if it was necessary.

Courts can take into account both the officer’s and the victim’s actions that led to the use of force. Different states have different rules and deadlines for civil claims based on excessive force. For this reason, a civil rights attorney in California, for example, may handle a case differently from a colleague in another jurisdiction.

The importance of hiring an excessive force attorney

An excessive force attorney can help you determine if your case is strong enough and will guide you through the intricate administrative procedures, deadlines, court rules, and defenses that apply.

Finding an attorney who is familiar with the legal requirements in your jurisdiction is essential to make sure that your claim can succeed so you are compensated for your injuries, pain and suffering.

Haddad & Sherwin LLP have a long track record of winning civil rights cases with results that include large settlements and verdicts for their clients, groundbreaking legal rulings, and important reforms to prevent future harms.  Haddad & Sherwin LLP handle only a unique subset of Section 1983 cases: cases where a person was killed or permanently, catastrophically injured in California by law enforcement or county jail misconduct.  If you would like to consult with experienced civil rights lawyers because your loved one was killed by police or died in a California county jail, then contact the attorneys at Haddad & Sherwin LLP.  If your civil rights were seriously violated, but without death and without permanent, catastrophic injury, you could try the list of civil rights attorneys here.