Can You Sue The Police For Emotional Distress?

What are the 3 types of damages?

The three types of damages that form the foundation of most civil lawsuits are compensatory, nominal, and punitive..

What qualifies as police misconduct?

Police misconduct occurs when, while performing their official duties, an officer’s conduct violates an individual’s constitutional rights or the officer commits an illegal act (i.e., drug abuse, sexual assault, etc.).

How do you deal with police misconduct?

You must approach them in a calm and organized manner.Step 1: Write everything down. This step is extremely important and must be done as soon as possible after the incident. … Step 2: Consult with an attorney. This step is essential if you were arrested following the incident. … Step 3: File a Police Misconduct Report.

How do you prove emotional distress?

Evidence to prove emotional distress includes witness testimony, documentation and other evidence related to the accident. For example, you may provide your own testimony of flashbacks, inability to sleep, anxiety, and any other emotional injuries that you have associated with the accident.

Can I sue the police department for violating my rights?

The short answer is yes! It is possible and within your rights to sue the police. Law enforcement officers are not themselves above the law. While it won’t be easy, a lawsuit against the police department is certainly not impossible.

How hard is it to sue a police department?

It is difficult to succeed in a lawsuit against the police, but not impossible. Law enforcement is not above the law, and a victim of police misconduct has the option to sue the police, either by filing a complaint against an individual officer, their supervisor, or the department.

What are examples of emotional distress?

Emotional Distress ExamplesDiminished quality of life.Lost enjoyment of life.Cognitive changes after a head injury.Distress over a disability.Embarrassment or humiliation.Psychological trauma.Post-traumatic stress disorder.Losing sleep.More items…•

How do I file a complaint against a local police department?

Complaints About Police OfficersContact the law enforcement agency involved.Submit your complaint in writing to the chief of police or the head of the law enforcement agency involved.Send a copy of your complaint to the Internal Affairs Division of the law enforcement agency. Be sure to keep a copy for yourself.

Can you sue someone for causing stress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

How can I prove my pain and suffering?

Some documents your lawyer may use to prove that your pain and suffering exist include:Medical bills.Medical records.Medical prognosis.Expert testimony.Pictures of your injuries.Psychiatric records.

What are the 5 signs of emotional suffering?

The five signs of suffering: Know the symptoms and ask for helpTheir personality changes. … They seem uncharacteristically angry, anxious, agitated, or moody. … They withdraw or isolate themselves from other people. … They stop taking care of themselves and may engage in risky behavior. … They seem overcome with hopelessness and overwhelmed by their circumstances.

How much money can you get for suing for emotional distress?

You can recover up to $250,000 in pain and suffering, or any non-economic damages.