Police officers have an enormous amount of responsibility and often times make physical contact with those who have broken the law in order to apprehend the lawbreaker. However, there are cases that during an arrest or moment of physical contact, a police officer can make too much physical contact. Whether this act of physicality was intentional or not, the act was still reckless and is a breach of the officer’s duty. In some cases in which a police officer has physically harmed an individual, the act could potentially lead to a pursuit of a personal injury claim and could require a Boston personal injury lawyer.
While one may believe that any instance in which a police officer has caused physical harm to an individual that they were arresting could lead to a personal injury case, that is not accurate. If a police officer is carrying out their duties as an officer of the law properly, they are immune from lawsuits. That is not always how police and criminal interactions pan out and there can be an act of abuse of authority in which the police officer deprives the party being arrested of his or her rights which can be a violation of constitutional rights.
Instances of Injuries Caused by Police
During moments of physicality between an officer and the involved party, injuries are typically caused during events of excessive force or car crashes stemming from police chases. The amount of force that an officer is permitted to use depends on the circumstances of the case they are working. A degree of force that is deemed excessive in one scenario may not be excessive under different circumstances. Even in cases in which an arrest is warranted, the amount of physical force must not exceed that which is necessary for the particular case. Even in situations in which excessive force was utilized, the intentions of the officer are not a deciding factor. If an officer meant well but used too much force or had improper motivation, that does not render as an appropriate reason for excessive force.
In some acts of police work, individuals who are not even involved in the event can be injured as a result of a police officer. For example, if a police officer is partaking in a high speed chase and someone else is injured, it is the act of that police officer and the individual being chased that caused an innocent bystander harm. However, just because a police chase caused an innocent person harm does not necessarily deem the police officer liable as liability is determined on reasonableness under the circumstances. If a police officer were to cause an accident in the line of duty, they are usually immune from liability, but if they are acting in such a reckless manner that puts outsiders at risk, the immunity no longer applies.
Outside of car chases, police officers can cause injury or harm by not providing an individual in custody with appropriate medication which leads to injury or potentially death. As with any case of injury caused by a police officer, each case depends on an evaluation of reasonableness under the circumstances. Due to this, it is crucial to have an experienced Boston personal injury lawyer on the side of the victim to determine if a police officer is or is not liable for their injuries. As with other cases of personal injury, those who have suffered as a result of liable police action, the victim can indeed receive compensation. Whether the negligence comes in the form of physical injuries or psychological damage from witnessing a police officer abusing their power, a Boston personal injury lawyer can assist the victim.
Parker Scheer LLP
If an individual has been physically injured as a result of negligence of a police officer or as a direct result of excess police action, the top personal injury lawyer in Boston and New York is Parker Scheer LLP. With Parker Scheer LLP, the victim is working with a law firm that has an outstanding history of success with over 100 years of combined legal experience. Parker Scheer LLP has the skill and expertise to properly evaluate and pursue a wide variety of personal injury cases. Whether one is experiencing physical bullying or receives psychological treatment due to emotional abuse, Parker Scheer LLP is prepared to represent the victim and will fight for what the victim deserves in terms of compensation. The dedicated and experienced staff at Parker Scheer LLP is available seven days a week to answer any potential questions or offer any guidance during the victim’s time of need. Parker Scheer LLP knows what it takes to win a personal injury claim and do what needs to be done for the victim throughout the entire process.
Due to the complex relationship between government immunity for the police and the city, state, and federal laws, claims for injury against a government agency must be first filed against the entity and the claimant must file a Notice of Claim within 90 days of the incident. Parker Scheer LLP understands the steps required to file a personal injury claim against a government agency and are prepared to offer victims step by step assistance throughout the entire legal process.
Contact Parker Scheer LLP
Parker Scheer LLP is located at 1 Constitution Rd, Boston, MA and can be contacted via phone at 617-886-0500. The New York office for Parker Scheer LLP is located at 340 Madison Ave, New York, NY and can be contacted via phone at 212-897-2223. If an individual has been physically injured due to excess police force or as a bystander during excessive police action, Parker Scheer LLP is available for a free consultation and can guide the victims of excess police action down the right path of receiving compensation. For more information regarding either office location of Parker Scheer LLP or the types of legal representation that they offer to victims, visit their website for details.