Tag Archives: personal injury lawsuit

I Was Personally Injured by a Police Officer

Do I have a Police Brutality Case?

It may happen in several different types of circumstances. You are personally injured by a police officer. This may occur:

If you are brought in for questioning
In a routine traffic stop, detention or arrest
In jail or prison
Following the end of a pursuit.

Regardless of the circumstances, you believe that you have been a victim of police brutality. The question that you have is, “Do I have a police brutality case?”

In order to know whether or not you have a case for police brutality, you first need to understand how police brutality is defined. Police brutality is when a police officer uses excessive force in regards to a civilian or more force than what is necessary. This usually takes the form of excessive physical force, but it can also refer to verbal attacks by a police officer against a civilian.

An important point to remember is that there is no precise definition of what constitutes excessive force. However, generally, excessive force usually refers to force that is beyond the force that a prudent and reasonable police officer would use under the circumstances.

Violation of your civil rights

Police brutality is a violation of your civil rights. It is a direct violation of the laws inside of the police force. Police brutality is a direct violation of the Fifth and Fourteenth Amendments of the United States Constitution.

With this in mind, do you believe that you have been a victim of police brutality? If you do, you have a right to bring a brutality claim against the police officer or police officers who used excessive force against you.

It can be intimidating and frightening to bring a lawsuit against a police officer. Police officers may try to intimidate you and get you to drop your complaint. It may be difficult to get the evidence that you need if other police officers refuse to testify. Also, there is always the possibility that fellow police officers may try to cover up the incident.

Personal injury lawsuit

Having said this, it is still your right to bring a lawsuit against a police officer or police officers for brutality. The type of lawsuit that you would bring is called a personal injury lawsuit. A personal injury lawsuit is simply a claim that is brought in court by a person who has been injured either physically or emotionally by another person.

You should also understand that a personal injury lawsuit for police brutality may involve a long and complex process and is extremely difficult to win. This is due to the fact that there are several laws that give immunity to police officers. One of these is a short statute of limitations or deadline that you have for filing a police brutality lawsuit. In many instances, witnesses are also hesitant to come and testify. The burden of proof for police brutality is on you and can be very hard to establish.

If you are going to win a personal injury lawsuit for police brutality, you are going to need the skill and expertise of a personal injury lawyer. A personal injury lawyer will be familiar with the specific complexities of a personal injury lawsuit for police brutality.

Should I File a personal injury claim?

How do you know if you should file a personal injury lawsuit?

The first thing to consider prior to filing a personal injury lawsuit is whether you have suffered personal injury to your property or person. Obviously, you would not have grounds for a personal injury lawsuit if you or your property have not been injured or damaged and you have not suffered some type of loss, either financially or emotionally.

Another thing to consider is whether someone else is responsible for the personal  injury to you or your property. To win a personal injury lawsuit you must prove your personal injuries were caused by the negligence of another person, and it was their actions that were the proximate cause of your loss. This means that if it had not been for their negligent actions, you would not have been injured.

Do all personal injuries have to cause physical harm? No, many examples of personal injury lawsuits are filed and won but the plaintiff did not suffer physical injuries. Loss can also be emotional pain and suffering.

In tort law, to win a personal injury lawsuit for emotional distress you will need to prove that the defendant’s actions were reckless and intentional, their conduct was outrageous and severe, and that due to their actions, you suffered emotional distress. It will be hard to win your personal injury lawsuit unless you can prove that their behavior was “utterly intolerable in a civilized community.”

Another important thing to consider when asking the question, “Should I file a personal injury lawsuit,” is the time that you have for filing a personal injury case. The statutes and laws dealing with personal injury lawsuits vary from state to state. However, each state has what is known as statutes of limitations for filing a personal injury lawsuit.

Basically, “statutes of limitations” set the time limits for filing a person injury lawsuit. If you believe that you have a personal injury case and you do not file the lawsuit until after the deadline in your state has passed, your right to recover damages for personal injuries  may be lost. In some states, the time limit may be only a year for filing a personal injury lawsuit.

Another thing that will help answer the question, “Should I file a personal injury lawsuit,” is whether you have any evidence or proof of your personal injury: bills from hospitals and doctors, copies of medical reports, police reports, the testimony of eyewitnesses and photographs of your pinjury. If there has been damage to your property you should get an estimate of the cost to repair the damage.

If you suffered personal injury which was caused by the negligence of another person or entity, it may be time to contact a personal injury lawyer. The attorneys at www.personalinjuryplace.com will give you the right advice and guidance concerning your personal injury lawsuit.

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Bat attack at Minnesota Wal-Mart

A trip to a Wal-Mart in Cambridge, Minnesota, turned into a perilous outing for a five year-old girl and her mother when the little girl was attacked by a rabid bat while shopping in the frozen foods section. Zoe Zachrison would normally be enjoying her final days of summer, instead she is undergoing a series of three shots to prevent rabies.

“She is traumatized,” said Holly Townley, Zoe’s mother. “She was sitting in the child part of the cart, minding her own business,” said Townley. They began walking down the frozen pizza section of the Wal-Mart when “the bat flew down the aisle, flew back at us, flew down and landed on her, attacking her and biting her leg.”

Doctors do not know for sure if the bat was rabid, but they are assuming that it is because bats do not generally bite.

Her left leg still has a mark on it from the bite. On her other leg are marks from the rabies’ shots. The attack itself was disturbing, but the rabies’ treatments and side effects are causing even more trouble. “She had a 103 degree temperature, very achy and sore joints – almost as if she were a ninety year-old man,” said Townley. Zoe has been to the emergency room three times since the incident, and Wal-Mart has reportedly refused to help pay for any medical bills.

Walmart Responds to Injury

Dianna Gee, Senior Manager for Media Relations at Wal-Mart, says that the store has a claims process to handle incidents that happen in their stores. “We hired a pest management company but have never had a problem with bats at that store. Management at that store is very concerned about that little girl,” said Gee. “It’s an unusual and unfortunate incident.”

“I think Wal-Mart needs to step up and take responsibility for what happened to her. This was their store and this is their responsibility,” said Holly. She is ready to file a personal injury lawsuit, but right now her focus is on helping her little girl recover. “She’s scared. She refuses to go into stores; she doesn’t want to leave the house.” Holly also says that Wal-Mart claimed that they are not responsible for any costs that arise from the bat attack.

Personal Injury Lawsuits

Although the party who felt endangered and injured by Wal-Mart will most likely file a personal injury lawsuit, success of that endeavor is all too often dependent upon the quality of legal representation and the jury that is involved.

If you feel that you have been injured by the negligent actions of a business, the first thing you must prove is that the business failed in its duty to act with reasonable care for the safety of its’ customers. To prove this negligence, the plaintiff must show that the defendant first owed a responsibility to the plaintiff, that obligation was violated, and that the acts of the defendant (or business) were the cause of the plaintiff’s resulting damages which could have been avoided if the business had not been negligent.

Hiring a Personal Injury Lawyer

While there is always the possibility that this case involving Wal-Mart and little Zoe will proceed to civil court, it is important to note that the majority of personal injury claims are resolved with an out-of-court settlement.

If you or a family member has been injured and you seek advice concerning your situation, please contact a qualified personal injury lawyer who can help put you on the path to recovery.