In certain scenarios, a person charged with a drug-related offense may have grounds for a civil case. If you were injured during an arrest, a civil suit may be an option for recovering costs associated with the medical treatment of your physical injuries. In addition, if you experienced mental anguish or emotional pain as a result of the incident, you may be entitled to additional compensation.
A civil case is a lawsuit that involves contracts between parties (such as between a record producer and a singer) and/or torts. Torts is a word used in law that in this scenario means a negligent or wrongful act by somebody that results in injury or damage to another person. Any case that is not a criminal case is considered a civil case.
After a person is arrested the arresting authorities are then responsible for the well-being of that person. While in custody for drug charges, if you are physically or emotionally injured because of their negligence or wrongful actions, the person or persons who caused your injuries can be held accountable. A personal injury lawyer can file a civil case against the people at fault and seek financial compensation on your behalf.
Depending on your situation, you may be eligible to receive financial restitution for the following:
Medical costs. These include hospital, surgery, rehabilitation, medications, and specialized equipment such as crutches. If you have suffered emotionally you may also be able to claim costs for therapy or restitution for reduced quality of life.
Loss of wages. If because of your injury you are not able to work and lose income as a result, you can include this in your lawsuit and seek compensation for what you would have otherwise earned while working.
If it can be proven that you were harmed as a result of a wrongful or negligent act, there are different types of damages for which your attorney may seek compensation. If you were charged with a drug related offense and were injured as a result, your lawyer may be able to help you get compensation for one or all of the following:
Compensatory Damages. This is for personal injury including physical injury, harm, or loss of some kind.
General Damages. If you experienced physical or emotional pain and suffering, your reputation was harmed, or you were emotionally harmed your personal injury lawyer might include these damages in the suit.
Punitive Damages. If your attorney can prove that the guilty person acted maliciously or recklessly against you, thereby violating your personal rights, punitive damages may be awarded to you. Punitive damages are meant to serve as a lesson to that person, and to others, that such behavior is not acceptable and carries severe consequences. This type of damage is challenging to prove.
There are many kinds of damages that can be awarded in a civil suit. A personal injury attorney may be able to advise you as to what may be appropriate for your situation. They may also be able to offer an opinion on how strong your case may be and whether it is in your best interest to pursue a civil lawsuit. Consult with an experienced personal injury attorney to determine if you have grounds for a civil case.
Thanks to our contributors at Personal Injury Lawyers of Long Island for their insight into the potential civil side of drug related charges.