The Police in every state is tasked with an enormous amount of responsibilities. However, in some cases, some law enforcement agents fall below expectations and may as a result of their actions cause injuries to the members of the public which is against their oath to protect and serve. In such cases where you have been injured by a law enforcement officer, you are entitled to some form of compensation. To better understand this, you should speak to a qualified and experienced New York Personal Injury Attorney who is in a better position to evaluate the case you have on hand and decide whether or not you can employ the law as a tool to seek redress for the injuries which you have sustained.

When a person has been hurt by the police, whether intentionally or not, this can be attributed to reckless conduct or carelessness on the part of the police and this is certainly a breach of the officer’s duty and their oath. With the law being a strict one when it comes to police brutality or misconduct claim, there is a need for such an injury victim to secure one of the best injury attorneys to represent their interest.

To better understand whether or not you have a personal injury claim on your hands, below are some information which you will find useful.

1. When Are The Police Considered Liable For Injuries?

Police are bound by their oath to serve and protect members of the public which means that they are expected to be professional and uphold the law at every instant and with every of their involvement with members of the public. However, when a police officer acts carelessly or is seen to have abused the power invested in them thus resulting in damages, then, such a person can be held liable for their actions. In cases of police brutality or misconduct, there are several factors which have to be considered to establish whether the officer or the police have truly exercised their power illegally and exerted on a member of the public. The circumstances of the case will also be the determining factor as to whether the liability arises as a tort (where the actions or negligence of one person has directly caused injury or harm to another) or as a civil rights violation.

If the police have been sued for carrying out their duties as stipulated by the law, then in such cases, they are immune and the lawsuit will be dismissed. However, in cases where they are found to have been careless or to have abused the use of their authority, then, it raises a question of the violation of such a victim’s constitutional rights.

2. Injuries Caused By The Police

Some actions or in other cases inactions can lead to injuries. The most common forms, however, involve the exertion of force, use of excessive force, or car crashes which results from hot pursuit.

Depending on the circumstances of a case, a police officer may be allowed varying degrees of freedom to use force. To this extent, a degree of force that is acceptable for one scenario may be deemed too forceful for another. In such cases that involve the application of force, the intentions of such an officer are not factored into consideration as they are expected to act professionally and follow experience gathered from their years of training. Even in cases of warranted arrests, the arrested person may be able to file charges against the police if they have used excessive force which had led to injuries.

Other cases where the police may be liable for injuries include harming innocent bystanders as part of a police pursuit or other actions. The recklessness of the police during hot car pursuits leading to accidents and injuries may also form a basis for which such person may file a lawsuit against the police.

Also, a person may be injured or suffer health complications when he or she is in police custody and the police have failed to administer their necessary medications as at when due. If such situations as this lead to injuries or death, such a person or their family members may be able to initiate a lawsuit against the police for damages.

3. Pursuing Legal Claims Against The Police

Suing the police can be a complex task to achieve, this is especially so because of the complex nature of the relationship between the police as a law enforcement agency and governmental immunity. Working with an experienced New York Personal Injury Attorney can help you better position your case for the most benefits and the best outcomes.