Miami Police Misconduct Lawyer

You have constitutional rights. If a police officer has violated these rights and caused injuries, you can hold them accountable and find justice through a civil lawsuit.

Police misconduct occurs when an officer of the law, in their official capacity, fails to follow standard policies and guidelines outlined in their code of conduct. This infringes on a victim’s civil rights found in the federal constitution.

While a lawsuit can’t undo the misconduct and the suffering you experienced, it can make a recovery easier for you and your loved ones. A Miami police misconduct lawyer can make the process even easier by representing your best interests at every step, whether in trial or an out-of-court settlement. Reach out to the lawyers at Fischer Redavid PLLC for the aid you need.

Forms of Police Misconduct

Police misconduct involves any action that violates a person’s civil rights. Some examples of misconduct cases that we commonly come across include:

Police brutality
Racial profiling
Violating due process rules
Abuse of civil rights while in jail or prison
False arrests
Fabrication of evidence
Coercion to confess
Sexual abuse

If you’ve been the victim of any of these examples of misconduct or others, you may have grounds for a lawsuit. Reach out to a lawyer if you believe the police did something outside legal constraints.

What Are My Constitutional Rights against Police Misconduct?

Movies and television have led many to believe that you can only bring criminal charges against the responsible officer to hold them accountable. A criminal case only punishes the perpetrator, but remember that you have a right to file a civil claim or lawsuit. Your case can help you find a sense of relief for yourself after such a horrifying incident.

Your police misconduct case may involve a violation of one or more of the following constitutional rights:

Freedom of speech and peaceful assemblies without retaliation
Freedom from unlawful search and seizure
Right to due process before taking action
Freedom from cruel punishment
Freedom from discrimination

In cases where the misconduct is ongoing, a lawyer can file an injunction on your behalf to stop it. An ideal example is a case involving unlawful search and seizure. A police misconduct lawyer is best suited to identify which of your rights have been violated and what types of evidence will offer solid proof of liability.

How to Prove Police Misconduct in Miami

Not all cases of police misconduct qualify for a civil lawsuit. For a successful case, a plaintiff must present evidence that an officer violated their civil rights, which led to an injury.

Evidence is vital in proving misconduct, but it can also be difficult for you to know what type of evidence is needed and how to obtain it. If you’ve partnered with an attorney, they’ll do this on your behalf and advise you based on their findings.

Bodycam footage, surveillance camera videos, eyewitness statements, pictures of your injuries, doctors’ reports, and expert witness testimonies can all help. Your lawyer can review evidence of misconduct and use the strongest evidence available.

Damages You Can Recover from a Police Misconduct Lawsuit

A successful civil lawsuit will facilitate your recovery and restore damages suffered from the experience. These damages are mainly compensatory, but what do these damages cover?

Compensatory damages will reimburse financial expenses like medical bills, lost wages, property damage, and intangible losses like physical pain, suffering, and emotional distress.

Sometimes the judge will award punitive damages if there’s proof of ill intent, egregious negligence, or malice in the officer’s actions. These damages are intended to punish the officer and to deter others from committing similar misconduct.

Getting Enough Compensation after Police Misconduct

Unfortunately, the defendant’s legal team will not make it easy for you to pursue compensation for your losses. They may claim the officer was using reasonable force or apply the concept of qualified immunity to avoid liability.

There are actions you can take to make sure you get a sufficient settlement amount that will cover all the damages you’ve suffered. Read on to learn more about your avenues to a successful police misconduct lawsuit.

Seek Medical Attention as Soon as Possible

Cases of police misconduct often lead to physical and psychological injuries. It’s essential to see your doctor for an evaluation even if you’re not in pain. Some injuries like a broken bone or brain damage may not be evident immediately but can be detected by a medical professional.

A doctor will also assess your injuries and determine the magnitude of damages you seek compensation for in your lawsuit. Their diagnosis can help you prove what your claim is worth.

Speak with a Police Misconduct Attorney for Legal Guidance

Having a lawyer to support you throughout a police misconduct case is crucial. You’re embarking on a complex legal journey that may require a skilled and experienced professional for a successful lawsuit.

Some of the things a police misconduct attorney can do to protect your civil rights include:

Help you find immediate medical treatment, especially when you cannot afford it
File an internal affairs complaint and a report of misconduct with the Department of Justice (DOJ)
Provide legal advice depending on your rights and options
Conduct investigations and collect evidence that may be challenging to find
Calculate the total value of your damages so the defendant’s team doesn’t exploit you
Legal representation from negotiations to a court trial

File Your Claim as Soon as Possible

If you wait too long to sue for police misconduct, preserving key evidence may be impossible. The defendant could also use your delay as a defense, especially if the deadline to file a lawsuit has expired.

The statute of limitations for misconduct cases in Miami is four years from when the incident happened. However, you must send a notice of claim six months before suing. That puts a tight limit on your claim, so you may need a lawyer’s help to act within these time limits.

Reach out to a Police Misconduct Lawyer in Miami

When you file a police misconduct lawsuit, you’ll likely be going against attorneys and insurance companies with more tools and resources than you have access to. Besides legal knowledge and representation, you’ll also need an attorney who dedicates time to understand your case and creates a personalized approach to bring you justice.

The unrelenting Miami police misconduct lawyers at Fischer Redavid PLLC are ready to review your case in a free session and determine the best way forward for you. Call us at 954-860-8434 or complete the contact form below to accept your free consultation.