False arrest, also called wrongful arrest, is when someone is arrested or detained without lawful justification. It can happen when a police officer purposely targets someone, but it can also be an innocent mistake. Whether it was intentional or not, the fact is that false arrest can severely disrupt your life, and you may have a case for a false arrest lawsuit and civil rights pre-settlement funding.
Causes of False Arrest
False arrest is a violation of your civil rights: You have a right to life and liberty and to be free from unreasonable search and seizure. There are a few common ways that police officers violate this right:
- Mixing up names: Humans make mistakes, and confusing an innocent person with a suspect is one mistake that might lead to false arrest.
- Lack of probable cause: If you’re arrested without evidence, you may be able to bring a lawsuit for wrongful arrest or wrongful conviction.
- Fabricated evidence and false confessions: This would include a police officer attempting to frame the arrested individual or fabricating false confessions.
- Malice: This includes knowingly arresting someone without probable cause, for example, as retaliation, or lying to obtain an arrest warrant.
- Racial profiling: All Americans are protected from discrimination based on race, but racial profiling still happens—and can lead to a false arrest lawsuit.
Types of False Arrest Injuries
To bring a wrongful arrest lawsuit, you need to prove that you were injured in some way. This might include:
- Physical injuries: The use of excessive force during an arrest can cause physical injuries, which can lead to long-term health problems and high medical bills.
- Lost wages: If you missed work while you were detained or recovering from injury, you may be able to recover your lost wages.
- Pain and suffering: Non-economic damages like emotional distress and reputational harm fall under the umbrella of pain and suffering.
Liability in False Arrest Lawsuits
In false arrest lawsuits, you need to prove that your civil rights were violated, either intentionally or unintentionally. You must show the court that the police officer arrested you, that you were harmed, and that their conduct caused the harm. The police officer will then need to prove that they had probable cause for the arrest. If they cannot, you will likely win your lawsuit.
Settlements and Verdicts in False Arrest Lawsuits
False arrest lawsuit settlements are often negotiated out of court. However there have been some cases in the news, including the Hertz car rental company paying $168 million to settle a claim it falsely reported its customers to the police for theft if they didn’t return a car on time.
False arrest lawsuits often involve police misconduct that departments would prefer to keep quiet. They may make an offer right away, but the ability to wait a little longer can help you get a larger settlement amount. If you need money now, however, you may be able to get police misconduct lawsuit funding.
Get Pre-Settlement Funding for a False Arrest Lawsuit
While a big payout is possible, wrongful arrest lawsuit settlements can take a long time to negotiate. You’ll need to find a qualified attorney, gather evidence, file the lawsuit, and deal with discovery and motion practice, which could take months or years. Pre-settlement funding can provide you with the money you need now, so you can move forward with confidence.
What Is Pre-Settlement Funding for a False Arrest Lawsuit?
Pre-settlement funding is a way for you to get a cash advance on your expected settlement amount. You sell a specific amount of your future settlement to a funding company, who provides that amount right away. When your case settles, you pay back the funding company from the settlement amount.
How Long Does It Take to Get False Arrest Pre-Settlement Funding?
Pre-settlement funding is intended to be a quick solution. That’s why we make it easy to apply. We’ll speak with you and your attorney and if your application is approved, we’ll draw up a purchasing agreement as soon as possible. Once it’s signed, you’ll receive your advance in about 24 business-day hours.
What Are the Requirements for Pre-Settlement Funding for a False Arrest Lawsuit?
Pre-settlement funding is not a loan—if you don’t win your case, you don’t pay us back. That also makes it easier to apply, as we won’t ask for your credit report or proof of employment. You will need to be represented by an attorney on a contingency basis, and you will need to have filed or soon be filing your lawsuit. You’ll also need to have a strong case, which we’ll determine by speaking with your attorney.
How Much Pre-Settlement Funding Can You Get for a False Arrest Lawsuit?
USClaims can typically provide pre-settlement funding of up to 12.5% of your expected settlement amount, although we usually offer about 10%. Because wrongful arrest lawsuit settlements can range from tens of thousands of dollars into the millions, the amount of funding will also vary.
No matter how much you receive, you can rest assured that pre-settlement funding from USClaims will be ethical and transparent. We have some of the lowest rates and fees in the industry, with no hidden surprises. Apply now or call us today at 1-877-USCLAIMS to learn more.
- “Hertz Will Pay $168 Million to Customers It Falsely Accused of Stealing Its Cars.” NPR, 6 Dec. 2022, www.npr.org/2022/12/06/1140998674/hertz-false-accusation-stealing-cars-settlement.