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The Facts about James Smith’s Police Misconduct Case and Settlement Process

James Smith, an excavation operator, was arrested by police outside a nightclub early in the morning of [redacted]. We alleged that police used excessive force during the arrest, leaving James with injuries to his head and neck, aggravation of a lower back injury causing numbness to his right leg and foot, aggravation of a right knee injury, PTSD, loss of sense of smell and taste, and nosebleeds due to damaged sinuses. Liability was hotly contested throughout the claim, with the State of Queensland purporting that the police officers involved acted reasonably. The matter was eventually resolved following post-mediation negotiations for $385,000.

The Claim Process on James Smith's Police Misconduct Case

1

Schedule your initial consultation

At our initial consultation, our Medical Negligence Lawyers can give you more information about the claim process and chat with you about the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

Our Medical Negligence Lawyers will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the medical event and subsequent to it. At the same time, we will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical expert's opinion

Once we obtain all relevant medical records, including reports from your treating doctors, we’ll then get an independent medical expert opinion as to the extent of your injury and also to clarify whether or not the treatment provided to you met or fell short of the requisite standard of care. From those reports, our Medical Negligence Lawyers will formulate how the medical event has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

Our Medical Negligence Lawyers will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled. If your claim has not been resolved at this stage, our Medical Negligence Lawyers will file proceedings in court to help you get the compensation to which you are entitled according to law.

The Outcome of James Smith’s Police Misconduct Case

Settlement Details: Settled for $385,000, providing compensation for James’s physical and psychological injuries resulting from the incident.

Closing Remarks: This case underscores the complexities of police misconduct claims and highlights the importance of thorough legal strategies to secure rightful compensation for affected clients.

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In some cases like medical negligence, we ask our client to meet the case expenses – but in many cases, we still take the financial risk of investing thousands of hours of expert professional work to ensure the claim’s success.

Disclaimer: Names have been change to protect the identity of our client. The image depicted is not of our client.

David Shannon

Senior Associate

David is an expert in compensation for injuries resulting from police misconduct and excessive force. Call today to discuss your compensation issue.

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