Can You Sue for Civil Rights Violations?

The U.S. Constitution offers its citizens rights and freedoms that nobody should violate. When someone acts against your civil rights, the law further allows you to sue and find justice for the losses and pain you endure. 

Civil rights violations occur when your freedoms such as religion, speech, right to assembly, and right to due process are denied. It can also happen when discrimination occurs on the basis of factors like sex, gender, race, class, and national origin. 

If you believe your rights were breached, consulting a civil rights violations lawyer at Fischer Redavid PLLC can help you determine whether you have a civil case and how to go about it.

What’s Considered a Violation of Civil Rights?

You have a civil rights violation claim eligible for settlement if you can prove the following elements. 

First, the defendant must have been acting under the color of law doctrine. This means they had the legal authority and operated under this guise to infringe on your civil rights. Next, you must prove the violation through evidence pieces like eyewitness statements, video footage, and your personal account of the incident. 

The other element is proof that the defendant’s actions were the direct cause of your suffering, such as injuries, loss of a loved one, humiliation, and so on. And finally, you must have evidence of the damages you’re claiming to have suffered.  

How to Sue for Civil Rights Violations

Your lawyer can handle complex legal matters on your behalf, allowing you to recover with peace of mind. Of course, our attorneys will be available to update you about the case and answer any questions you have.

To sue, your civil rights violation lawyer will file a complaint with a federal or state court or agency depending on the violation, and wait for the defendant’s team to respond. Pay attention to your state’s deadline for this filing. 

What You Can Expect After Suing for Civil Rights Violations

The liable party may respond with an offer, after which your lawyer will negotiate the best outcome for you if the amount is insufficient for your damages. If they don’t respond or the parties fail to come to a consensus, trained and experienced trial lawyers are ready to make your claim in front of a judge or jury. 

You can also expect the other side to present defenses, like qualified immunity. You may need a lawyer to help you protect your case against these defenses. 

The most common form of compensation you’re likely to receive is compensatory damages, reimbursing your economic and non-economic losses. You may also receive punitive damages depending on your case. 

A civil rights violation case may also impose an injunction where the defendant is prohibited from doing something or serving a particular capacity henceforth. If you think your case warrants this, talk to your lawyer about your options. 

Get in Touch with a Civil Rights Violations Lawyer

The damages and losses incurred after any of your civil rights have been breached could be tangible or intangible. In any of these cases, the defendant is likely to deny these claims and present defenses to dismiss the case. 

Seek legal support from lawyers who care about your case and your experience until the case settles. Reach out to Fischer Redavid PLLC by calling 954-860-8434 or submitting the contact form below for a free consultation.