How Do I File a Claim if I Have Been Injured by a Police Officer?

Police officers have a tough job. They must make split second decisions that could impact the outcome of a case and an individual’s life forever, and they often have to approach suspects without knowing their intent or criminal history. While they represent the law, they are not above it. And while they do have a level of immunity the general public does not, you can legally hold them accountable for going outside the bounds of their calling and causing injury.

When you file a claim against a police officer, it will typically fall under the category of police misconduct. Misconduct occurs when a police officer violates your civil rights during the course of duty. No one, not even law enforcement, can deprive you of your civil rights. For injury claims , the use of excessive force provides grounds for civil action against an officer. You may also file a claim if a police officer caused a car accident or committed another act of negligence and you suffered an injury.

If you have suffered from a serious injury as the result of negligence or unnecessary force during a police encounter, consider speaking with an attorney. Pursuing an injury claim against a police officer is very different from a typical civil claim. These cases are often complex and require an in-depth understanding of government injury claims.

Before you can take a police officer or government entity to court for an injury claim, you may need to provide the police with a notice – typically called a “Tort Claim.” This standard form will highlight the details of your assertion, including the incident, injury, and your request for damages.

In some cases, the police or the government agency over the policy may respond with a settlement offer. We encourage individuals to discuss the bid with an attorney before agreeing to its terms. If the government denies the claim, however, or does not respond to your notice at all, you may need to take further action to hold the parties accountable in court.

The same rules of typical injury claims apply to proving a case against a police officer. You must show the officer owed you a reasonable duty of care, he or she failed to meet that standard, and your injury was directly caused by that failure. If, for instance, a police officer struck you in a crosswalk because he or she was clearly driving recklessly, you can hold him or her accountable for negligent actions.

However, police are immune to certain lawsuits. You must show significant negligence to move forward with a case. You may not win a lawsuit if the officer was acting within the normal scope of duties, even if that caused your injury.

In addition to taking legal action, you may need to file a complaint with the police department and a report with the state attorney general or the department of justice. In some cases, you may need to take these actions before pursuing a claim against the officer. Your attorney can help you determine the best strategy to ensure the officer takes responsibility for all negligent actions.

Depending on the case against the officer, you may obtain damages to cover the injury and its effects as well as potential civil rights reparations in cases of misconduct. You cannot obtain punitive damages (damages intended as a punishment) in a lawsuit against an officer.

If a police officer in or around Houston has injured you, contact Gordon, Elias & Seely to learn more about your legal options.

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