HUBER & PALSIR, LLC.

Call Now For A Free Case Evaluation

215-627-0676

Hablamos Español

HUBER & PALSIR, LLC.

False Imprisonment and Personal Injury

  • By: Robert Huber
  • Published: February 19, 2019

False imprisonment is the act of an individual detaining another party against their will without legal authority. Any action that prevents you from leaving an area, whether it’s through physical force or restraints, is a form of detainment. If the other party made you fearful for your safety through verbal threats, this would still meet the required legal standards even if you have a route of escape. If you’ve been a victim of false imprisonment, you may be eligible for financial compensation. Over the course of this blog, we’ll evaluate what constitutes false imprisonment and what your legal options are if you find yourself involved in this type of incident.

Intent

This is the most crucial component of any false imprisonment case. If you’ve been detained against your will by another individual, you need to be able to prove that the guilty party committed this act intentionally. If you were somehow accidentally locked inside a room or your house by another person, for example, this would not qualify as a form of false imprisonment. Providing evidence of the other party’s intent to detain you against your will is a vital part of building your case.

False Arrest

False arrest, also known as wrongful arrest, means that you were wrongfully taken into custody or confined by an individual claiming to have the authority to perform this action. This is categorized as a type of a false imprisonment, though there are some subtle differences between the two. During an arrest by law enforcement, the detained party must be made aware of their Miranda rights. The officer or private citizen conducting the arrest must also have the legal authority to bring the suspect into custody. If a person was arrested without a warrant, and the situation didn’t meet the proper legal requirements, this could potentially qualify as a form of false arrest. There are also many cases in which police accidentally arrest the wrong person, which could make you eligible to pursue damages for lost wages or injuries. It’s important to note that you will not be able to pursue compensation if you plead guilty to any of the chargers you were arrested for.

Why Hire a Personal Injury Lawyer?

Hiring a personal injury lawyer to examine your case is the first step you should take as you pursue compensation for false imprisonment. Proving the intent of the guilty party can be a very difficult task, and gathering sufficient evidence is better left handled by a trained legal professional. Consulting with an experienced legal team will allow you to build the best possible case and may result in a larger settlement for your false arrest or imprisonment.

Avatar

About the Author

Translate »