When law enforcement crosses the line, the moments and days that follow are critical. What you do, what you say, and how you document the situation can significantly affect whether you are able to pursue a legal claim later. Unfortunately, many people make decisions in the immediate aftermath that unintentionally weaken their position.
Our friends at Andersen & Linthorst discuss these missteps regularly with clients who did not realize how much the early choices mattered. A police brutality lawyer can help you understand what went wrong, protect your rights going forward, and assess whether you have a viable legal claim against the officers or agency involved.
Here are the most common mistakes we see, and what to do instead.
Waiting Too Long to Seek Medical Attention
After a traumatic encounter with law enforcement, some people push through the pain or assume their injuries are not serious enough to warrant a doctor’s visit. This is one of the most consequential mistakes you can make.
Medical records create an objective, timestamped account of your injuries. Without them, it becomes much easier for the opposing side to argue that your injuries were minor, pre-existing, or unrelated to the incident. Seek medical attention as soon as possible, even if you feel you can manage. Tell the treating provider exactly how the injuries occurred.
Not Documenting Evidence While It Is Still Available
Evidence disappears quickly. Bruises fade. Surveillance footage gets overwritten. Witnesses move on and become harder to locate. Acting fast to preserve evidence is something we cannot stress enough.
In the immediate aftermath of an incident, try to:
- Photograph all visible injuries from multiple angles
- Write down everything you remember while details are still fresh
- Identify any witnesses and collect their contact information
- Note the names and badge numbers of the officers involved
- Identify nearby businesses, traffic cameras, or residences that may have captured footage
According to the Department of Justice, civil rights violations by law enforcement are actionable under federal law, and documentation is often what separates a strong claim from one that cannot be proven.
Giving a Recorded Statement Without Legal Advice
After an incident involving police misconduct, you may be contacted by an investigator, an internal affairs officer, or an insurance representative. They may present this as routine or even suggest it will help your situation. Do not provide a recorded statement without first speaking to an attorney.
Statements made without legal guidance can be taken out of context, used to create inconsistencies, or frame the narrative in a way that benefits the opposing side. You have the right to legal representation before speaking to anyone investigating the matter.
Posting About the Incident on Social Media
It is natural to want to share what happened, especially when you feel wronged. But posting details about the incident, your injuries, or your intentions on social media can seriously damage a legal claim. Defense attorneys routinely review plaintiffs’ social media activity looking for anything that can be used to contradict your account or minimize your injuries.
Keep the details of what happened and what you plan to do about it off public platforms until your case is resolved.
Assuming Qualified Immunity Means You Have No Case
Understanding This Legal Doctrine
Qualified immunity protects government officials, including police officers, from civil liability in certain circumstances. Many people hear this term and assume it makes any lawsuit against law enforcement impossible. That is not accurate.
Qualified immunity is not absolute. Courts have found that it does not apply when an officer violates a right that was clearly established at the time of the incident. Whether qualified immunity applies in your specific situation depends on the facts, and that analysis requires a careful legal review.
What We Look at in These Cases
We examine the specific conduct involved, the circumstances surrounding the encounter, whether department policies were followed, and what prior court decisions may be relevant. The presence of video evidence, witness testimony, and inconsistencies in official reports all factor into that assessment.
Filing a Complaint Without Understanding the Process
Filing a complaint with a police department’s internal affairs division may feel like the right first step. In some situations it can be useful, but it is not a substitute for a civil legal claim, and the outcome of an internal investigation does not determine whether you have a case in court.
Internal investigations are conducted by the agency itself, and outcomes do not always reflect what independent legal review would find. An attorney can help you understand how an internal complaint interacts with any civil claim you may pursue.
Underestimating the Value of Your Claim
Physical injuries are only part of what a police brutality claim may address. Emotional trauma, anxiety, post-traumatic stress, lost wages, and long-term impacts on your ability to work and live your daily life are all recognized forms of harm. Many people settle for less than they are entitled to, or walk away entirely, because they did not fully understand the scope of what they experienced.
If you or someone you love was subjected to excessive force or civil rights violations by law enforcement, contact our office. We will listen to what happened, review the facts carefully, and give you a clear and honest picture of your legal options.