Many people spend years in jail for offenses they did not commit because of wrongful convictions. Victims of unlawful detention sometimes have no idea what they can do to protect themselves. It leads to time spent behind bars, away from loved ones. The victim may have trouble getting a job or a rental after being released from prison for a long period. You might be entitled to file a lawsuit for wrongful incarceration if you were wrongfully imprisoned. You may be able to recover financially from the psychological and bodily harm caused by your suffering if you initiate legal action. Here are some crucial details you should know before filing a wrongful imprisonment lawsuit:
- Should You File a wrongful imprisonment lawsuit
- How Can You Hold the Law Enforcement Officer Liable for Your Wrongful Imprisonment?
- How Long Does a Wrongful Imprisonment Claim Take?
- How Do You Establish A Civil Claim That You Were Falsely Convicted?
- What If the Police Officer Making the Arrest Has a Warrant?
- What Types of Compensation Can You Claim If I Was Wrongfully Imprisoned?
- Do You Need An Attorney to Help File Your Claims?
- Why Should I Pursue A Settlement?
- Get Lawsuit Loan for Wrongful Imprisonment Lawsuit from High Rise Financial
Should You File a wrongful imprisonment lawsuit
In many cases, defendants wait until they are already convicted and locked up before seeking legal recourse for wrongful incarceration. This is a catastrophic error that will drastically lower their chances of success. If you believe you have been wrongly convicted, it is imperative that you seek the advice of legal counsel without delay.
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How Can You Hold the Law Enforcement Officer Liable for Your Wrongful Imprisonment?
If you were wrongfully convicted of a crime because of misconduct on the part of law enforcement or prosecutors, you may be able to file a civil lawsuit against the officers or prosecutors involved and the agency or office that handled your case.
However, under both statute and common law, police and prosecutors are protected from civil claims filed on the grounds that their official conduct caused the plaintiff harm. If you want to have any chance of winning a civil case, you need to seek the assistance of an attorney who has relevant prior expertise.
How Long Does a Wrongful Imprisonment Claim Take?
It is challenging to provide an accurate estimate of the duration to settle a civil wrongful conviction case or lawsuit. Sometimes a claim can be settled rapidly between a government agency and an official. In other instances, they spend years in court arguing that an exoneree is not innocent of the charges against them. If the people responsible for your wrongful conviction decide to fight your claim in court, filing a lawsuit and going to trial might take many years, and even then there’s always the chance of an appeal.
How Do You Establish A Civil Claim That You Were Falsely Convicted?
If you were previously convicted of a crime but the conviction was later overturned, it does not necessarily indicate that you are eligible to receive monetary compensation through a lawsuit alleging that you were wrongfully convicted of the crime. You may need to establish the following to win a civil claim for wrongful conviction:
- You went to jail or prison after being found convicted of a crime and serving at least some of your sentence.
- You were declared not guilty of the offense and had your conviction annulled and charges dropped without further legal action.
- You have a strong case that the crimes for which you were found guilty were not your fault.
- You did nothing that would have led to your conviction, such as make a voluntary confession or plead guilty (you may be able to file a case if you were coerced or pressured into pleading guilty. confession or plea was coerced).
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What If the Police Officer Making the Arrest Has a Warrant?
Even if the arresting officer has a warrant, unlawful imprisonment is still possible. Illegal arrests can occur, for instance, if police officers make up charges to get a warrant. Even while it could be more challenging, it might still be possible to establish that an officer wrongfully imprisoned a person even though they had a warrant.
What Types of Compensation Can You Claim If I Was Wrongfully Imprisoned?
If you were wrongfully incarcerated, you may file a lawsuit seeking damages, which may include monetary compensation for your losses and suffering. In most cases, a plaintiff can seek compensatory damages to make up for actual financial losses.
Compensation may be sought for things like medical bills, hospital bills, property damage, lost wages due to injury, and the price of any necessary therapy, be it physical or emotional. The offender may face criminal prosecution in addition to any civil liabilities in the most severe situations of unlawful incarceration.
Furthermore, many factors might affect how much money the court awards the victim in damages. These factors include details of each case, the level of punishment of the wrongfully imprisoned person, and state and municipal legislation.
Do You Need An Attorney to Help File Your Claims?
If you were wrongly incarcerated and have suffered financial losses or other damages as a result, you should talk to a personal injury attorney right away. A qualified lawyer will be able to advise you on whether or not to file a case and will help you gather evidence to support your claim.
In addition to helping you understand your legal options, a qualified personal injury attorney may advocate on your behalf in court while you seek compensation for your injuries. In addition, rules involving wrongful incarceration are not always static; an expert attorney can assist you stay updated on any changes that may affect your case.
Why Should I Pursue A Settlement?
If you were unlawfully imprisoned because of police or prosecutorial wrongdoing and later proved your innocence, you may be eligible for financial compensation. It might take several years to go to trial when filing a civil claim for wrongful conviction because of the lengthy and intricate process involved. Settlements are often used to settle wrongful conviction lawsuits because they offer victims the money they need to rebuild their lives.
Get Lawsuit Loan for Wrongful Imprisonment Lawsuit from High Rise Financial
Do you need non-resources legal funding for your wrongful imprisonment lawsuit? Contact us today at (866)-407-6404 for a one-on-one consultation. Our experienced team will be available to discuss your legal funding options and walk you through the application process.