Can You Get Paid for a Wrongful Conviction?

Wrongful convictions often stem from failings, such as mistaken eyewitness identification, unreliable forensic science, and official misconduct.[1] If an attorney can prove you incurred damages due to being wrongfully convicted, you could be eligible for compensation.[2] However, the legal process can be drawn out and costly, placing even more of a burden on you in the short term.

That’s where USClaims steps in. We offer pre-settlement funding so you can access the financial resources you need now while your attorney fights for the compensation you deserve.

Wrongful conviction statistics paint a disturbing yet eye-opening picture, and understanding the exoneration process helps you make smart decisions as you seek justice. Keep reading to learn more about getting paid for a wrongful conviction.

Wrongful Conviction Statistics

As of 2023, there were more than 3,000 cases of wrongful conviction in the United States, with exonerated people spending more than 27,200 years in prison for crimes they didn’t commit.[3][4] Rates of exoneration vary by state, but statistics reveal some concerning patterns in wrongful convictions — especially when it comes to race. Still, the impact of wrongful convictions doesn’t discriminate, and no one is immune to this horrific injustice.

Let’s take a closer look at the stats:

  • The 2022 Annual Report of the National Registry of Exonerations documented 233 exonerations in 2022 alone.[5] No crime took place at all in 59% of these cases.[5]
  • A 2022 report into race and wrongful incarceration by the National Registry of Exonerations found that 53% of the 3,200 exonerated individuals they studied were Black, despite Black people only accounting for 13.6% of the U.S. population.[6]
  • Innocent Black Americans are seven times more likely than White Americans to be falsely convicted of crimes, according to the same report.[6]
  • Official misconduct was involved in 78% of murder cases in 2022.[5][6]
  • An estimated 4%-6% of people in U.S. prisons may be innocent.[7]
  • Black people also tend to wait longer for exoneration than White people, with Black murder exonerees waiting an average of 3 years longer than white exonerees.[6]

The Exoneration Process

Getting exonerated after a wrongful conviction is a challenging process.[8] It takes time and effort and often requires help from legal professionals and organizations. Here’s a step-by-step breakdown.

1. Gathering New Evidence

The first step is to find new evidence that proves you are innocent. Evidence could be anything from DNA testing that wasn’t available at the original trial to witness statements that contradict the prosecution’s case.[1] Organizations such as the Innocence Project can help you with this by providing legal resources and conducting investigations.[9]

2. Filing Legal Documents

Once you have new evidence, your attorney files a motion with the court asking to reconsider your conviction based on the new information.[10] A skilled lawyer can guide you through it, and pre-settlement funding can help you with the financial burden.

3. Court Hearings and Appeals

After the court reviews the motion and new evidence, they may hold hearings to hear arguments from both sides. If the court denies the motion, you still have the option to appeal to a higher court.[10] In this situation, you may be looking at years until you find a resolution, but persistence is worthwhile.

4. Exoneration or New Trial

If the court decides the new evidence is strong enough, they could overturn your conviction and declare you innocent, known legally as exoneration. Alternatively, they may order a new trial so the new evidence can be presented.

5. Rebuilding Your Life

Finally, if exonerated, you’re free to go. However, the journey doesn’t end there. Reintegrating into society after wrongful imprisonment can be challenging financially and mentally.

Finding a good lawyer can be expensive, and the legal process is notoriously slow. Not to mention the continued emotional toll of a betrayal from a system that was designed to bring justice. Despite the challenges, there are resources available to help the wrongfully convicted — and the outcome is absolutely worth the fight.

Types of Damages Incurred from a Wrongful Conviction

Examples of damages you may be entitled to following a wrongful conviction include:

  • Loss of social standing. The stigma of incarceration can be difficult to overcome, even after you’re exonerated.
  • Loss of important relationships. Many individuals lose crucial personal relationships, including marriages and family connections.
  • Loss of property. Legal defense costs often lead to the liquidation of personal assets.
  • Loss of earnings. Time in prison disrupts careers and makes reentering the job market challenging.
  • Loss of profession. Professional licenses and careers can be irreparably damaged.
  • Health losses. Poor prison conditions and mental strain can lead to significant physical health issues.
  • Mental health concerns. The trauma of wrongful imprisonment can result in long-term mental health struggles and destroy your ability to trust.

A dedicated wrongful conviction attorney can fight for compensation covering these damages. Meanwhile, pre-settlement funding from USClaims can help address your immediate financial needs.

Role of Pre-Settlement Funding with Wrongful Conviction Cases

The legal process can leave exonerated individuals with immediate financial needs. Cases that qualify for pre-settlement funding get help making ends meet after years of injustice and disappointment, providing much-needed financial stability while you fight for the compensation you deserve.

Your fight for justice after a wrongful conviction might be daunting, but you don’t have to go through it alone. With support from legal professionals and pre-settlement funding, you can focus on rebuilding your life while your case moves forward.

Seek Just Compensation with the Help of Pre-Settlement Funding from USClaims

With wrongful conviction settlement funding from USClaims, you can devote your energy to what truly matters — reconnecting with loved ones, finding fulfilling employment, and rebuilding your life. We understand the emotional and social challenges you face after wrongful conviction and have experience providing funding to people in your situation.

To learn more or apply for pre-settlement funding, contact us or call us today at 1-877-USCLAIMS.

There’s no risk involved. If your case is unsuccessful, you don’t owe us a dime. We believe in justice and are here to support you on your path to reclaiming your future. Our team is here to answer your questions, assess your eligibility, and help you get started on the path to financial stability and a brighter future. Consult your local attorney for a review of your case.

The availability of pre-settlement funding varies by state. Contact USClaims for more information.

Sources

  1. “Wrongful Convictions and DNA Exonerations: Understanding the Role of Forensic Science | National Institute of Justice.” National Institute of Justice, nij.ojp.gov/topics/articles/wrongful-convictions-and-dna-exonerations-understanding-role-forensic-science.
  2. “Wrongful Conviction Compensation.” Edelman & Edelman, P.C., www.edelmanpclaw.com/wrongful-conviction/compensation-for-victims-of-wrongful-convictions.
  3. “The Impact of False or Misleading Forensic Evidence on Wrongful Convictions | National Institute of Justice.” National Institute of Justice, nij.ojp.gov/topics/articles/impact-false-or-misleading-forensic-evidence-wrongful-convictions.
  4. “Wrongful Convictions.” Equal Justice Initiative, 8 July 2022, eji.org/issues/wrongful-convictions.
  5. The National Registry of Exonerations. “2022 Annual Report: The National Registry of Exonerations.” The National Registry of Exonerations, 2023, law.umich.edu/special/exoneration/Documents/NRE%20Annual%20Report%202022.pdf.
  6. “Race and Wrongful Convictions in the United States”. University of California Irvine et al., 2022, www.law.umich.edu/special/exoneration/Documents/Race%20Report%20Preview.pdf.
  7. “Beneath the Statistics: The Structural and Systemic Causes of Our Wrongful Conviction Problem.” Georgia Innocence Project, 24 Mar. 2022, www.georgiainnocenceproject.org/general/beneath-the-statistics-the-structural-and-systemic-causes-of-our-wrongful-conviction-problem.
  8. “Justice After Exoneration | Witnesstoinnocence.” Witnesstoinnocence, www.witnesstoinnocence.org/justice-after-exoneration.
  9. “Innocence Project.” Innocence Project, 24 June 2024, innocenceproject.org.
  10. “Rule 29. Motion for a Judgment of Acquittal.” LII / Legal Information Institute, www.law.cornell.edu/rules/frcrmp/rule_29.
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