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Lawsuits For Injuries To Officers

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  • Lawsuits For Injuries To Officers

    I was recently injured on duty while assisting a fellow officer who was taking a juvenile resistor into custody.

    Has anyone successfully sued the parent or guardian of a juvenile offender in civil court for their injuries?

    I realize that collecting anything is near impossible; however, it would be nice to send a message to parents that they can be held responsible for the actions of their children.

  • #2
    Don't know about juveniles, but a few officers around here have actually collected on suits for injuries. I know of three who were bit and/or spit on that got around 3-5K each. One of them was bit and spit on by a local attorney, he's the one that got 5K.

    I say, GO FOR IT!!!
    Nobody ever wants to have to fight, but its a darn good idea for someone to know how.

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    • #3
      In California, suing is kind of pointless. Under the workers compensation laws, your department is responsible for paying for your work related medical treatment for the rest of your life. Under the disability laws, if you can no longer work as a cop because of a job related injury, your your retirement system is required to pay you a disability pension for the rest of your life.

      Under California's subrogation laws, your agency and retirement system get first crack at any money you may win in a lawsuit. You get what's left. When you consider how much you may actually win minus how much your medical bills and retirement cost, there's usually nothing left for you.
      Going too far is half the pleasure of not getting anywhere

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      • #4
        Originally posted by jeeper
        One of them was bit and spit on by a local attorney, he's the one that got 5K.
        Thank you, Jeeper, for making me smile! That is awesome!
        Charlie 31, HPPD

        "Evil is a fact not to be explained away, but to be accepted; and accepted not to be endured, but to be conquered. It is a challenge neither to our reason nor to our patience, but to our courage."

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        • #5
          If they have nothing why are you suing ? Most people have no property you can take or money you can get so why sue.

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          • #6
            Originally posted by jeeper
            One of them was bit and spit on by a local attorney, he's the one that got 5K.

            I say, GO FOR IT!!!
            Did he get a tetanus shot too?
            Kelly

            We are the thin blue line
            between you
            and all the money in the world.

            And no you can't have any.

            Comment


            • #7
              There's a lawyer in Massachusetts that focuses his practice on helping injured officers with legal settlements;

              http://www.policeinjury.com
              Talk sense to a fool, and he will call you foolish - Euripides

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              • #8
                I can win a SETTLEMENT or Jury Award but the problem is collecting because the court will not help you if the sued party has no property of value or real income.

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                • #9
                  Originally posted by Bodie
                  I can win a SETTLEMENT or Jury Award but the problem is collecting because the court will not help you if the sued party has no property of value or real income.
                  As I mentioned earlier, suing for injuries in California is pointless because of our subrogation laws. However, we can sue for false complaints made against us. When the law went into effect most of us thought the same thing as you, what's the point if they don't have any money? Then, one of our local DAs pointed out how to make the system work.

                  You only sue those dirtbags whose histories suggest they always fail to appear in court, and you ask for an outrageous sum like a million dollars. When the dirtbag doesn't show in court, you win a default judgment. You then sell the default judgment to a collection agency for five cents on the dollar. The proceeds from that are split 50/50 between the aggrieved officer and the association attorney handling the case. You both get cash up front and the collection agency dogs the dirtbag for the rest of his life, having the sheriff continuously seize everything he owns or acquires in the future and sell it at auction to satisfy the judgment and the sheriff's costs.
                  Going too far is half the pleasure of not getting anywhere

                  Comment


                  • #10
                    Originally posted by Bodie
                    I can win a SETTLEMENT or Jury Award but the problem is collecting because the court will not help you if the sued party has no property of value or real income.
                    That's why you need a creative lawyer on your side, just like the scumbags do. I know a cop that got pushed through a plate-glass window of a nightclub while trying to break-up a fight. The guy that pushed him is a broke dirtbag, but the cop won a sizable judgement against the club's insurance company, since the club over-served the dirtbag to begin with.
                    Talk sense to a fool, and he will call you foolish - Euripides

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                    • #11
                      Originally posted by Bodie
                      I can win a SETTLEMENT or Jury Award but the problem is collecting because the court will not help you if the sued party has no property of value or real income.
                      Kinda like if I was to get sued.

                      Comment


                      • #12
                        Use the department as your address of record even on your drivers license.
                        That way scumbag lawyers can't get your home address so easy and a smart judge might just say you can't have the police station in a lawsuit victory by a scumbag.

                        The kind of lawyers that take scumbag lawsuits aginst police know that the agencies will settle for something and that's where as officers we need to saw not no but hell no and make the scum run up a high legal bill so high in fact no settlement could ever pay it.

                        Then say okay here's $10,000 in settlement and the scum nets nothing because he owes his lawyer $50,000.

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                        • #13
                          I have heard of instances of suing the juvenile themselves. You can't collect anything until after they turn 18. I am sure this depends on the offense and the laws regarding juveniles in your State. Just a thought, could stick the kid holding the bag. His parents are full grown knuckleheads and won't learn the lesson as well; maybe you can still help the kid to get a clue.

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