Some injuries caused by government misconduct can be both personal injuries and violations of your constitutional rights. Friedman Law Offices represents people and families across Nebraska who have suffered physical injury or death due to excessive force or other government misconduct.
Our civil rights practice is limited to cases involving physical injury or death. We don’t handle civil rights matters involving housing, voting, education, free speech, or other constitutional issues that didn’t result in physical injury or death.
Based in Lincoln and serving all of Nebraska, we offer free initial consultations and work on a contingency basis. You don’t pay us anything unless we get money for you. Contact Friedman Law Offices today to get started.
When a Personal Injury Is Also a Civil Rights Violation
Most injury claims arise from private conduct, such as a careless driver or an unsafe property. A civil rights injury is different. It happens when someone acting for the government causes you physical harm by violating a right protected by the U.S. Constitution or federal law.
For example, an officer who strikes a person who is already handcuffed, or a jail nurse who ignores an inmate’s obvious heart attack, may have done something the Constitution forbids. That kind of injury can support a federal civil rights claim under 42 U.S.C. Section 1983, often alongside a standard personal injury claim.
Injury-Based Civil Rights Cases We Handle in Nebraska
Our civil rights work focuses on cases in which a government actor caused physical injury.
These are the situations we see most often in Nebraska:
Excessive Force
Police may use reasonable force to make an arrest. They cross the line when the force is unnecessary or continues after a person is already restrained.
Injuries from strikes with batons, Tasers, take-downs, chokeholds, or firearms can support an excessive force claim, especially when the person posed no real threat. These cases often involve the Fourth Amendment’s protection against unreasonable seizures.
Injury or Death in Custody
Some of the most serious civil rights cases involve harm that happens behind bars. This includes assaults that staff failed to prevent and deaths in a jail or during an arrest. When a family loses someone in custody, a civil rights claim may be pursued alongside a wrongful death claim.
Types of Injuries in Civil Rights Cases
Civil rights violations can leave people with lasting harm. The injuries we see in these cases include:
- Traumatic Brain Injuries: Head trauma from strikes, falls, or restraint can cause lasting cognitive harm.
- Spinal Cord Injuries: Force during an arrest or restraint can lead to partial or full paralysis.
- Broken Bones: Fractures are common in take-downs and other physical encounters.
- Internal Injuries: Blunt force can damage organs and cause dangerous internal bleeding.
- Wrongful Death: The most severe cases end in the loss of a life in custody or during an arrest.
Proving a Civil Rights Injury Claim in Nebraska
A civil rights injury case is a civil lawsuit for money, not a criminal case. You don’t need anyone to be arrested or charged for you to bring a claim.
Strong cases are built on evidence. Medical records that document your injuries, incident and arrest reports, body camera and surveillance video, and witness accounts can all help show what happened and how badly you were hurt.
Because these cases involve both personal injury and constitutional law, determining whether you have a claim depends on the specific circumstances of your injury and the government actor involved.
Deadlines for Civil Rights Injury Claims
Deadlines in these cases are strict, and some are short. Claims against a city, county, or the state fall under Nebraska’s Political Subdivisions Tort Claims Act and State Tort Claims Act, which generally require written notice within one year of the injury before a lawsuit can move forward.
Federal civil rights claims under Section 1983 may be subject to different requirements and deadlines. Because missing an applicable deadline can end a case before it begins, it helps to speak with an attorney as soon as possible after an injury.
Frequently Asked Questions
What kinds of civil rights cases does Friedman Law Offices handle?
Our civil rights practice focuses only on cases in which government misconduct caused physical injury or death. Examples include injuries caused by excessive police force and injury or death in jail or during an arrest.
We don’t handle civil rights matters that don’t involve physical injury or death, including claims based solely on housing, voting, education, or free speech.
How does a personal injury become a civil rights claim?
A personal injury may also involve a civil rights claim when the person who caused the injury was acting on behalf of the government and violated a constitutional or federal right.
For example, an injury caused by a careless driver is generally a standard injury claim, while a physical injury caused by an officer’s excessive force may also support a federal civil rights claim under Section 1983.
What compensation is available in a Nebraska civil rights injury case?
You may be able to recover compensation for medical bills, lost income, and pain and suffering. Nebraska does not allow punitive damages in civil cases, so any recovery is meant to compensate for your losses rather than punish. The value of a case depends on the severity of the injury and the specific facts.
Talk to a Lincoln Civil Rights Injury Lawyer
If a government official caused you or someone you love physical injury or death, Friedman Law Offices can review what happened and explain whether you may have a civil rights injury claim.
We handle civil rights claims only when they involve physical injury or death. We don’t handle civil rights matters without a resulting physical injury.
Your first consultation is free, and you don’t pay us anything unless we get money for you. Contact us today to talk with a member of our Lincoln team.