Essential Things to Know Before Filing Your Wrongful Imprisonment Lawsuit

According to statistics from the Innocence Project, about 1% of the United States prison population, nearly 20,000 people, are falsely convicted. Many people spend time behind bars, years in jail, or on death row for criminal offenses they did not commit because of false accusations leading to wrongful convictions. Victims of unlawful detention sometimes have no idea what they can do to protect themselves. This often 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.

If you have been wrongfully convicted, you may be entitled to file a civil lawsuit for wrongful incarceration. In addition, you may be able to recover financial compensation to cover the psychological and bodily harm caused by your suffering. However, wrongful conviction lawsuits are quite complicated, and having skilled legal representation is crucial. Here are some crucial details you should know before filing a wrongful imprisonment lawsuit:

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.

To apply for free, call (877) 735-0016

To apply for free, call (877) 735-0016

How Can You Hold the Law Enforcement Officer Liable for Your Wrongful Imprisonment?

Before a person can be convicted, the prosecuting attorney must prove beyond any reasonable doubt that the defendant committed the offense. If you were wrongfully convicted of a crime because of misconduct on the part of law enforcement, government officials, or prosecutors, you might have a solid case. Thus, 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 in handling civil damages cases.

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 false imprisonment decide to fight your wrongful conviction 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 or monetary award for wrongful conviction or false arrest:

• 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, your conviction was annulled, and charges were 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).

To establish your innocence and recover damage award, you may need to provide DNA evidence, forensic evidence, and more. Also, you can prove official misconduct or prosecutorial misconduct to show that there was misconduct surrounding your conviction.

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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, emotional distress, and suffering. In most cases, a plaintiff can seek compensatory damages to make up for actual financial losses. You can also pursue damages for loss of companionship, loss of consortium, prison time spent, and legal services.

Furthermore, you can seek wrongful conviction settlements 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. The judge may also award punitive damages in some cases.

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 wrongful imprisonment attorney right away. A qualified lawyer will be able to advise you on whether or not to file a case, help you gather evidence to support your claim and help you navigate the criminal justice system and legal process.

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. Your legal team can assist you in staying updated on any changes that may affect your case and aggressively pursue your future settlement.

Why Should I Pursue A Wrongful Conviction Settlement?

If you were unlawfully imprisoned because of police or prosecutorial wrongdoing and later proved your innocence, you may be eligible for fair compensation. It might take several years to go to trial when filing a civil rights lawsuit 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.

What Are My Options Before My Case Settles?

Getting a verdict for a false imprisonment case can take a long time. During this difficult time, you may be facing financial hardship. While your case is ongoing, you may apply for a non-recourse wrongful imprisonment lawsuit loan. 

In addition, the non-recourse loans are risk-free and can provide you with immediate cash advance to cover your living expenses, utility bills, daily expenses, and settle debts, and help you achieve financial stability. There are no credit checks or job validation when you apply for our wrongful conviction lawsuit loans.

Get Pre-Settlement Loans for Wrongful Imprisonment Lawsuit from High Rise Financial

Do you need non-resource legal funding for your wrongful imprisonment lawsuit? Contact us today at High Rise Financial or call us at (866)-407-6404 for a one-on-one consultation. We are committed to offering risk-free wrongful imprisonment settlement loans. Our experienced team will be available to discuss your legal funding options and walk you through the application process. We are proud to serve victims and plaintiffs with ongoing wrongful incarceration lawsuit and their loved ones.

Call or text (877) 735-0016 or fill out our form to apply today for free.

Call or text (877) 735-0016 or fill out our form to apply today for free.