South Carolina – December 1, 2020

An experienced injury lawyer at the Clekis Law Firm in Charleston South Carolina can offer victims of police brutality legal avenues toward compensation after a negative police encounter results in wrongful death.  When a person is endangered by acts of police brutality, they can make a complaint against the officer involved in the negative police encounter.  Police brutality reveals itself in many forms such as:

  • Excessive Force – utilizing more physical force than necessary to subdue a criminal causing bodily harm or death
  • Verbal abuse, physical coercion, or harassment in the subtle form of making a victim uncomfortable by inducing pain or discomfort during questioning, or even torturing them to give the answers police desire.
  • False arrest is the unlawful restraint of a person’s freedom of movement.
  • Wrongful search and seizure activity.
  • Bias-based policing is the intentional practice by an individual law enforcement officer who incorporates prejudicial judgments based on race, ethnicity, gender, sexual orientation, economic status, religious beliefs, or age, that are inappropriately applied in the performance of his/her duties.

Compensation.

South Carolina laws provide for compensation, based on assigned fault and proven claims of negligence specific to the duty of care owed by an officer of law, when dangerous mishaps occur during police encounters. A police brutality lawyer can help when encounters result in personal injury, or wrongful death.

  • Compensatory damages: An accident lawyer can assist in determining what types of compensatory award damages to request for economic damages including lost wages, medical bills, medical care, and treatment, plus household expenses and non-economic damages including pain and suffering, loss of consortium, or companionship.
  • Punitive damages: If an injury attorney can prove that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, punitive damages may be awarded in specific situations. In South Carolina, punitive damages in injury cases are limited to the greater of three times actual damages, or $500,000.

Statute of limitations.

 When personal injury is caused at the hands of a South Carolina police officer, the statute of limitations gives an accident victim three years from the date of the injury to file a lawsuit in the state’s civil court system in accordance with S.C. Code Ann. section 15-3-530. The recovery of damages is contingent upon a personal injury attorney proving negligence of another individual, or entity that owed a duty of care to the victim.

Wrongful death.

A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act during a police encounter.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

Legal counsel.

Police brutality victims in South Carolina can take steps to minimize additional stress by hiring competent legal counsel at the Clekis Law Firm who can objectively speak on a victim’s behalf in a courtroom, yielding a swift and fair monetary settlement and in some instances criminal action against the police officer causing wrongful death.

Clekis Law Firm Main Office

171 Church Street
Charleston SC 29401

Office Phone: 843-900-0000

Email: [email protected]

Sources.

https://www.usconstitution.net/xconst_Am4.html

https://www.fbi.gov/investigate/civil-rights

https://www.scstatehouse.gov/code/t15c003.php