If my arm was broken by a police officer a couple of days ago while he was trying to arrest me, what should I do?

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If my arm was broken by a police officer a couple of days ago while he was trying to arrest me, what should I do?

Asked on May 21, 2014 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the officer and police force your injuries (e.g. medical costs; pain and suffering for a period of disabilitity; lost wages, if any), *if* you believe that the injury was wrongful--that is, it did not occur, for example, as an officer was defending himself against you (if you attacked him) or as you were strenuously resisting arrest. In egregious-enough cases, where the injury was not merely negligent (e.g. careless) but was deliberately inflicted, it's possibly you could recover punitive damages, too. Be aware, however, that there are very strict paperwork requirements and short time frames for suing the police; if you intend to do this, consult with an attorney *immediately*, before any more time passes. If you miss the window to file, or  file incorrectly, you will lose your chance to sue.


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