The police have a lot of power, and they are often legally protected if they make mistakes that cause injuries to others. However, police are not completely immune to liability in all circumstances. If you were injured because of a police officer, talk to a lawyer immediately. Depending on your specific situation, you may file a lawsuit.
You have the right to sue someone if they injure you, even if that person is a police officer. The trouble is that police officers are public employees, and they may be immune from liability in certain situations. In other cases, you may have the right to sue the officer who injured you, but not the police department for which they work. How far your right to sue goes will vary based on your situation, and you should ask your lawyer for help. How we approach your case may depend on whether the police officer was on duty when the injury happened.
Ask our NJ personal injury attorneys for a free, confidential case assessment by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Suing for Injuries Caused by an On-Duty Police Officer
The police may be held civilly liable for injuries, but only under certain circumstances. The police are permitted to use force as part of their job, and people are sometimes hurt. Typically, victims may sue if the police were acting outside their normal scope of their jobs, or acted unlawfully.
Things may become complicated if a police officer injures someone because they broke protocol. The police arguably have some room to bend the rules in emergencies, but they can only bend the rules so far before they must be held accountable for their actions.
The police might instead do their jobs so negligently that people get hurt. For example, the police frequently pull over drivers, and they might be too aggressive in how they do their job. They might accidentally crash into you or others. High-speed chases are also extremely dangerous, although a bit less common. Either way, you should call a personal injury lawyer for help.
When You Must File a Lawsuit Against the Police in NJ
According to the statute of limitations for personal injury claims under N.J.S.A. § 2A:14-2(a), you may have only 2 years to file your case. However, this time limit is somewhat different for cases against public entities, such as the police.
When suing a public entity, you must submit a notice of your claim to the relevant public entity. According to § 59:8-8, you have 90 days from the day you are injured to submit this notice. If the claim is denied, you may proceed with a lawsuit. If you do not submit the notice on time, you might be out of luck.
Can I Sue the NJ Police for Injuries Caused by an Off-Duty Officer?
If the police officer was not on duty when they injured you, the police department is likely not liable. According to N.J.S.A. § 59:2-2(a), a public entity, such as a police department, may only be held liable for injuries caused by a negligent officer if the officer was acting within the scope of their employment. The department may not be liable for injuries caused by an officer on their own personal time.
However, our NJ personal injury attorneys likely can still sue the officer who hurt you, but as a private citizen. For example, if you were injured in a car accident caused by an off-duty police officer, you may sue them for your injuries and damages, depending on your insurance.
This may become a confusing gray area if the police officer was off duty, but they somehow used their position as a police officer to cause your injuries. Perhaps they were off duty but still driving their police car, which is property of the police department. In such a situation, you should ask a lawyer for help immediately.
Limitations on Police Liability for Injuries in NJ
While it is possible to sue the police if you are injured, various laws might restrict your rights.
If you were injured due to a discretionary action taken by the police, you may not have the right to sue them, according to N.J.S.A. § 59:2-3(a). The police have a lot of discretion when it comes to their jobs, especially in emergency situations, and innocent people sometimes get hurt, but the police may not be held liable.
Another exception is made for injuries that happen despite the police officer’s good-faith execution of their job and the law. Under § 59:3-3, public employees like police officers are not liable for injuries they cause while performing their duties in good faith.
Police officers may also be protected by qualified immunity. As long as their actions do not constitute behavior that has previously been deemed illegal, they may be immune from liability.
Injuries Caused by Unauthorized or Illegal Police Actions
While the police have some discretion regarding how to enforce laws and conduct investigations, they must still act within the law. If you are injured because of unlawful or even criminal actions by a police officer, you should speak to a lawyer immediately.
According to N.J.S.A. § 59:2-2, public entities like police departments may be held liable for the acts and omissions of public employees (e.g., police officers) as long as those acts or omissions are within the scope of the employee’s job. So, if a police officer commits a crime or otherwise acts unlawfully while investigating a crime or otherwise doing their job, you can sue them and the police department for your injuries.
Special laws exist for specific situations where the police injure someone through unlawful acts. For example, according to § 59:2-1.3(a)(1), you may sue the police if an officer sexually assaulted you. This happens more often than people think, and you need to call a lawyer immediately.
It is worth noting that if the police department authorized or endorsed the officer’s unlawful actions that injured you, they might also be liable even if the actions constitute a crime.
Can I Negotiate a Settlement with the Police if They Injure Me?
In many cases, plaintiffs injured by the police negotiate settlements rather than proceed to court.
Often, police departments are eager to offer settlements and avoid spending money on lengthy trials and legal proceedings. Not only that, but the police force is closely watched by the public. If officers were negligent or acted unlawfully, the police department may want to offer a settlement to make the case go away as fast as possible to avoid damaging public relations.
Depending on how you were injured and the overall behavior of the offending officers, you might receive a very large, fast settlement.
Contact Our NJ Personal Injury Attorneys if the Police Injured You
Ask our East Orange, NJ personal injury attorneys for a free, confidential case assessment by calling Agrapidis & Maroules, P.C. at (201) 777-1111.