Emotional distress is one of many damages a police brutality victim may be entitled to recover if they decide to sue an officer or police department. Emotional distress is a form of “mental suffering” that can take form in any of the following ways:
- Loss of ability to perform tasks
- Physical illness
In order to sue for emotional distress, an individual must be able to show that an officer intentionally meant to harm them or was engaging in negligent behavior (e.g. violating a department policy) that led to them suffering emotional distress. For example, if an officer turned violent toward an individual who was complying with all of his/her commands or took advantage of an individual who didn’t want to go to jail, this behavior could lead to an individual developing one or more of the mental conditions listed above.
Being physically harmed or taken advantage of (e.g. sexually assaulted) by a person who is supposed to protect and serve their community is a lot to digest and can be hard for an individual to cope with. They might find themselves getting nervous each time they see or come in close contact with an officer or avoid going out to prevent from running into one.
The fear an individual develops after being physically and/or mentally harmed by an officer of the law isn’t always easy to cure and can interfere with a person’s ability to live and enjoy life the way they once could. It is for this reason that the court does allow victims of police brutality to seek compensation for emotional distress.
How does a victim of police brutality recover compensation for emotional distress?
If an individual decides to sue an officer or their department for emotional distress and any other damages they might be entitled to, they are going to have to build a strong case before any money is awarded to them. Thankfully, there are skilled Kansas police brutality lawyers who can help them do this.
If the court decides that the officer’s actions were unjustified, then a victim may be eligible to receive the compensation they are seeking or an amount the court deems reasonable. If the officer’s actions were found to be justified, an individual may then not have a valid case that entitles them to compensation.
Hiring a Kansas Police Brutality Lawyer to Help Sue for Emotional Distress
Proving an officer engaged in reckless behavior isn’t exactly easy which is why many police officers manage to walk away from their cases without facing any sort of disciplinary action. However, when an individual chooses to retain a police brutality attorney in Kansas to represent their case, they stand a better chance at obtaining a favorable outcome.
Therefore, if someone was harmed by a law enforcement officer in Wichita, Overland Park, or even Olathe and they are looking to sue for emotional distress, they can contact USAttorneys.com to get connected with a lawyer in their area. An attorney will be able to answer their questions and address their concerns as well as provide them with the support they need after going through such a traumatic experience.