With recent cases on the news, some people think itās easy to sue people involved in criminal behavior. They think itās easy to sue the cops for brutality or discrimination. In the real world, it is very difficult to sue the police. Ask any Atlanta personal injury lawyer and theyāll tell you the same.
Some Incidents Give Rise to Criminal and Civil Consequences
Most people know that there are times you can sue someone whoās also been charged with a crime in court. For example, if someone assaults you at a baseball game, theyāll be charged with assault. However, you can also sue them for damages. Your Atlanta personal injury lawyer will demand pain and suffering. Theyāll also demand that they cover your medical bills.
What Type of Injury Did You Suffer?
Whether or not your Atlanta personal injury lawyer thinks you have a claim may have to do with your injuries. If you didnāt suffer any physical injuries, there may not be a likelihood of substantial damages. If they caused property damages or stole from you, the criminal courts will usually order restitution. If thatās the case, you wonāt need to sue.
Atlanta Personal Injury Lawyers Do Pursue Criminal for Damages
There are times when it makes perfect sense to sue the person who committed a crime against you. For example, if someone is arrested for drunk driving, you can sue them if they crashed into your car. The same is true if someone assaults you in a drunken rage. They may still have a ton of assets. Your attorney can investigate this before they decide whether litigation is a good idea. In cases like this, there are not always insurance policies involved. You may be limited to the assets the defendant owns.
Itās Not as Easy as They Make it Look on TV
On tv, and on the news, they make it look like itās easy to sue the cops. They also make it look like you can sue a criminal defendant with ease. Itās important to remember that not all defendants are like O.J. Simpson. Often, criminal defendants have no assets to speak of. If someone was robbing your store and shot you, justice would require that they pay for your medical bills. However, the kind of person who robs a store is not the kind of person who has a ton of money in the bank. If your Atlanta personal injury lawyer doesnāt feel that you have a chance to recover compensation, they probably wonāt want to file your lawsuit.
Some Parties are Immune from Civil Liability
If you are looking to sue the police because you donāt think they handled your criminal case properly, be careful. In most cities, the cops are immune to any kind of liability. Even if you donāt think the cops were fair, that doesnāt mean youāre entitled to damages. For example, if it took them too long to respond to the scene, that doesnāt mean you can sue.
The same is true if you feel they shouldāve charged the criminal with more serious charges. Let your Atlanta personal injury lawyer know exactly what happened so they can give you a fair opinion.
Call an Experienced Atlanta Personal Injury Lawyer Today
If you were the victim of a crime, you may have a civil claim to pursue as well. A lot of this will depend on the nature of the crime. It also depends on the injuries you suffered. Atlanta personal injury lawyers have handled their fair share of these types of cases. You need to be careful because not all crimes involve physical injury. Your attorney will have to review your case carefully before they make any recommendations.
If they feel you are entitled to damages, they may be willing to handle your case. If they donāt feel you have a valid claim, theyāll let you know upfront. The only way to know for sure is to call and set up your free, initial consultation.
Your Atlanta personal injury lawyer doesnāt want to waste your time or theirs. If they feel the defendant has no assets, theyāll tell you. It may not be worth suing. Or, if they think the defendant has immunity for some reason, theyāll let you know that as well. Some cases are more complex than others so it wouldnāt be fair to guarantee you anything. Sit down with one of our skilled attorneys and find out what your options are.