Police Misconduct Lawyers

Carter Capner Law handles claims for a wide range of claims against the police. If you have been involved in an incident where you were wrongfully arrested, falsely imprisoned, or in which an officer used excessive force in making an arrest, speak to our police misconduct lawyers to discuss if you may have a compensation claim.

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What to do if you have
been unfairly treated by the police?

When a police officer acts outside their power and authority or breaks the law, you may be able to make a compensation claim. Unlawful conduct by police ranges from assault, false imprisonment or wrongful arrest to malicious prosecution. Some examples of situations in which you might be claimed include:

  • You were convicted, charged and imprisoned on evidence found to have been fabricated with the knowledge of the prosecuting police.
  • In circumstances where the police use excessive force to detain you and cause injury.
  • Where a person is detained for allegedly breaching bail or AVO conditions, which have in fact been varied or dispensed with.
1

Assault

Officers can only use force in specified circumstances. Persons affected by the use of force or suppression agents eg chemical capsicum/pepper spray in circumstances where same cannot reasonably be justified may have an entitlement to compensation.

2

Excessive force

The law affords police officers the right to use force in making arrests or detaining offenders, provided it is reasonable in the circumstances. An officer who uses excessive force in the circumstances is potentially liable to a person injured as a result of the use of that force.

3

False imprisonment & wrongful arrest

This type of situation arises where a person is detained either in custody or informally, on mistaken grounds or where police have not met the statutory prerequisites for making the detention.

It can also apply to prisoners who are not released from custody at the time and on the date when such release or to have occurred i.e. at the end of all periods of Casto deal detention.

4

Malicious prosecution

Persons charged with a criminal offence on evidence that is proven to be – with the knowledge of the prosecuting authority – highly suspect or false, might succeed in a “malicious prosecution” claim.

This is a very high bar for a successful claimant to meet.

The police wrongfully arrested me. What can I do?

Queensland legislation outlines several arrest powers that police must comply with. These powers govern:

  • Arrest with a warrant
  • Arrest without a warrant
  • Lawful reasons for arrest

If you believe you have been wrongfully arrested you should contact a lawyer to discuss your rights and whether you may have a claim.

I was falsely imprisoned, do I have a claim?

False imprisonment occurs when a person without lawful authority, acts to confine another person. As such, claims for false imprisonment are not limited to claims against police officers and may include personnel such as security guards.

Although the time for which you are falsely imprisoned may impact the award of your compensation, you may still have a claim even if you were only briefly held against your will.

It is important to note that even if the arrest was lawful, failure by an officer to comply with legislation rules and time limits might constitute a breach for which you may claim compensation.

The police struck me with their baton/torch. Does that count as an excessive force?

The law affords police officers the right to use force in their dealings, provided it is reasonable in the circumstances.

An officer who uses excessive force will be in breach of their obligations. If you have been involved in circumstances in which an officer has applied more force than necessary, you may be compensated for this breach.

Types of misconduct claims against police.

Under Queensland law, police are afforded several exclusive rights to facilitate law enforcement best and protect the welfare and safety of the public. Despite this, these powers are limited to not infringe upon the rights of individuals.

Excessive force

Assault

False Imprisonment

Malicious prosecution

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Recreational Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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