The Monell Doctrine is a Supreme Court decision, Monell v. Department of Social Services, that says local governments and police departments can only be held accountable if their employees cause harm by following systemic policies or accepted customs.
One example of a potential violation under Monell is a high-speed police chase that causes the police or the person they are chasing to hit you or your car. If you suffered police chase injuries, a Monell claim lawyer can help you.
What Does the Monell Doctrine Mean for You?
In 1978, the U.S. Supreme Court decided that “local governing bodies” were not immune from being sued if one of their official policies (or a widely accepted but not official custom) infringed on your rights and led to serious injuries. This doctrine applies to police departments.
Here are a few examples of situations where someone might have a valid Monell claim:
- The police systematically refuse to investigate, penalize, or address complaints against their officers.
- The police do not provide adequate training for officers regarding how to safely handle high-stress situations, such as police chases.
- The official policy regarding police pursuits is too vague or too broad, so officers end up going out on dangerous chases far more often than necessary.
- The official policy is that officers have the authority to decide when to end a police pursuit.
- A widely accepted custom at the department is to catch a suspect no matter what.
How to File a Monell Claim
To file a Monell claim, you must be able to establish one of the following:
- The department had an “officially adopted or promulgated policy,” and this policy caused you to suffer harm.
- There is not an official policy but, instead, there is a custom that is widely accepted. This custom led you to suffer harm.
- Someone with authority in the organization made a decision that others may deem “policy.” This decision led to your harm.
- A failure to do something (typically by the department) led to your rights being violated and you suffering harm.
The Monell Doctrine gives you the right to file a lawsuit against police departments, but only for a limited time.
To file your case in time, contact a Monell claim attorney as soon as possible. They can guide you through the process of filing your case with the right court, notifying the at-fault party, and seeking financial compensation, all while managing any relevant deadlines.
For a free legal consultation, call,
(888) 585-2188
What Happens if You Get Hit in a Police Chase?
It is the police’s job to do what they can to catch lawbreakers. While that fact is not in doubt, how far should the police go in pursuing that goal? Are they justified in initiating chases for flimsy reasons, putting pedestrians and other road users in harm’s way, and risking extensive property damage just to catch a suspect?
Clearly, the answer is no. Despite this, all too many police departments around the country continue to engage in risky methods in their pursuit of lawbreakers.
You May Be Able to Seek Compensation if a Police Chase Causes an Accident
Monell may give you the right to sue for many kinds of damages if you or your car was hit during a police chase. This process may be long, difficult, and even tedious, but you can always rely on a Monell claim law firm for support. Your legal team can fight for you by:
- Establishing the elements of a Monell claim
- Collecting evidence to add to your case file
- Speaking to the at-fault party and their insurer on your behalf
- Determining how much money you are entitled to receive
- Negotiating hard for the right settlement
- Asking about your goals for the case and doing what they can to achieve them
What Compensation Can You Get in a Monell Claim?
The Monell Doctrine plays a critical role in allowing regular people to take on police officers and the departments they work for. You could potentially recover money for:
- Medical bills: Treating injuries caused by high-speed crashes can be expensive. You might need hospitalization, diagnostic tests, in-home nursing care, assistive devices (e.g., crutches), medication, and physical therapy, among other treatments.
- Loss of wages: If your injuries kept you from working, you can recover those lost earnings. If your injuries require you to take a lower-paying job or retire, those earnings are also recoverable.
- Disability: Injuries often lead to temporary disabilities, such as broken limbs or lacerations, that will heal over time. They can also cause permanent disabilities, such as paralysis or traumatic brain injuries, that you will never recover from.
- Pain and suffering: Both your injuries and the crash that caused them were deeply distressing and traumatizing on a psychological level. In addition, the injuries have caused all manner of physically painful and uncomfortable symptoms. We can help you fight for compensation for this anguish.
All of These Scenarios Could Entitle You to Damages From the Police
High-speed police chases can do all sorts of damage. The following scenarios are unfortunately not uncommon
- Your vehicle was hit by any of the cars involved in the pursuit while you were in your vehicle, causing bodily injury.
- You were hit by a car during a police pursuit. Since pedestrians have so little protection against large, heavy, speeding vehicles, pedestrian crashes can be especially devastating.
- Your loved one was hit in a police chase and passed away from their injuries, either right away or after unsuccessful attempts at emergency treatment.
Who Pays if You Get Hit by a Police Car?
Ideally, the liable party’s insurance company should reimburse you for everything you lost. In Monell claim cases, this means the insurer representing the police department or the local government should pay damages.
Your family has already paid far too high a price for the police’s failure to protect your rights. A personal injury law firm in your area can help you get what you deserve in a timely manner so that you can finally move on with your life.
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Do You Have a Valid Monell Claim?
Jenner Law can tell you that and much more during a free case review. We understand what the Monell Doctrine is and how it applies to many different kinds of cases, including those involving reckless and deadly police chases. Please call our office as soon as you can so we can start your claim promptly.
Call or text (888) 585-2188 or complete a Free Case Evaluation form