Can You Sue For Injuries Sustained In A Protest?
Injustice abounds in the world, and you have the right to launch or participate in a protest against it. Unfortunately, it's not uncommon for people to get hurt during these types of events, and getting compensated for those injuries can prove to be challenging. Here are a couple of hurdles you may have to overcome to successfully obtain compensation for injuries you sustained at a protest.
Not All Perpetrators May Be Suable
Possibly the biggest problem you'll face when launching a personal injury case to recover money for your protest injuries is that some perpetrators may be immune to lawsuits. In particular, state law may prevent people from suing police or other government workers involved in the scuffle in certain situations.
For instance, some government agencies have qualified immunity that inures them from all lawsuits except those where the victims' constitutional rights were clearly violated, or the government workers in question were grossly negligent when performing their duties. You may win your case if a police officer used excessive force against you for no discernable reason, but you may lose if you fell on your face because an officer accidentally tripped you, for instance.
There are other types of immunity that may apply depending on the perpetrator and the circumstances. It's essential that you consult with an attorney who can help you assess whether suing a specific person or agency is possible and the best way to handle the case.
Have to Get Around Assumption of Risk
Another issue that may come up is the assumption of risk. Most protests are peaceful, despite what sensationalistic headlines may have led you to believe. However, you still assume a certain amount of risk that you may be injured during the event, particularly if there were clear signs the protest may turn violent.
For example, it's publicly reported that a group known for inciting violence at gatherings will attend the protest. You could be denied the right to collect compensation for your injuries because the court may feel you assumed the risk that you would get hurt when you chose to attend the function even though you knew or should've known that the defendants would cause chaos.
Likewise, certain social issues have been known to incite violent reactions among protest attendees by their very nature (e.g. abortion rights, racist ideology, etc.). So, even if there weren't any known troublemakers at the protest, the court may decide the subject matter itself increased the likelihood of violence breaking out and that you should've been aware and prepared for it.
Countering these issues when seeking compensation for your protest injuries can be challenging, which is why you should hire a personal injury attorney who can help guide you through the process to obtain the best outcome possible. For more information about this or other aspects of suing for damages, contact a law office like Prediletto, Halpin, Scharnikow & Nelson, P.S.
