Have you been wrongly arrested, assaulted, or prosecuted by a police officer for something you didn’t do? With the help of a police brutality lawyer in Toronto, you can pursue a legal claim and get compensated for damages incurred. Unfortunately, there are law enforcement officers who abuse their power by acting wrongfully in different situations. If you have been a victim of police brutality it is important to work with a police misconduct lawyer in Toronto who will help you stand up for your rights. To be successful in any legal action that you take, you must be able to show that (1) your rights were violated and (2) you sustained injuries because of this violation. A successful police misconduct claim must prove that the officer wrongfully breached the duty to protect the plaintiff and this caused the injuries.
We will go over some common types of legal claims that can be made against law enforcement officers.
1. False Arrest
Also known as “unlawful arrest” or “wrongful arrest”, this is a situation that arises when the police make an arrest without justifying the reason behind it. If you suspect that the police acted outside their powers to make an arrest or detention, you need to get further legal advice on this matter. Whether the false imprisonment happened on the street, in your home, in a police vehicle, or at the police station, you may have grounds to pursue a legal claim for unlawful arrest.
2. Assault
An assault can be defined as the act of inflicting intentional physical harm on a person. If you have been in a situation where a police officer touched you offensively, without your permission or without any lawful reason, then you may have grounds to pursue an assault claim. There are also cases where a police officer may be charged with assault even without touching the accused. For instance, a police officer can be accused of assault for pointing a loaded or unloaded gun at an individual.
3.Discriminatory Actions
A police officer can be sued for discriminating against someone based on their origin, religion, sexual orientation, disability, or other discrimination criteria protected by the law. A common example of discriminatory behaviour is when a police officer systematically checks the identity of an individual because of their skin colour.
4. Malicious Prosecution
If a police officer provided false or incomplete information that led to an individual being prosecuted for something they didn’t do, they may be sued for malicious prosecution. You will need a strong legal team that will prove that the police officer had a wrongful motive which led to your prosecution. First, the individual who was criminally convicted must either have their charges dropped or be acquitted for the civil case against the police officer to proceed.
5. Failure to Intervene
Police officers have a duty to protect all individuals from constitutional violations by fellow law enforcement officers. If it is found that the police officer was present and knew that the individual’s rights were being violated but failed to intervene, he or she may be charged with ‘failure to intervene’.
There are other actionable claims such as wrongful death, malicious prosecution, false imprisonment, and excessive force that can be pursued against law enforcement officers. Victims of police misconduct may experience serious and long-lasting injuries both emotional and physical. With the help of a lawyer, they may secure adequate monetary damages after filing a claim for police misconduct.
Insurance companies have highly experienced litigators who are keen on dissuading the court in order to undermine the victim’s credibility. That’s why you need to take any insurance dispute case extremely seriously. As the lawyers from the insurance company are looking for gaps in treatment or unclear test results to undermine the severity of your illness, you need a team of litigators with years of experience in insurance dispute claims. You risk losing a deserving compensation simply because you did not enlist the services of a good lawyer.
At Edson Legal we have successfully handled many serious disability and critical insurance disputes.
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