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Common law recognizes false imprisonment both as a crime as well as a tort. As a crime, the state itself prosecutes a person who is accused of falsely imprisoning another. As a tort, the person or people who were falsely imprisoned may bring a civil action against the party responsible for their injuries for monetary compensation.
While the types of actions that constitute false imprisonment may vary from jurisdiction to jurisdiction, fundamentally false imprisonment occurs when an individual is confined to a significant degree, and the individual’s freedom of movement is completely restrained. Some common damages available to a person who has been subjected to false imprisonment include:
- Pain and suffering
- Lost income
- Attorney’s fees
- Punitive damages
It is important for anyone who believes that they may have been subjected to false imprisonment to contact an experienced personal injury attorney as soon as possible.
How a False Imprisonment Attorney Can Help
False imprisonment is a technical and highly complex area of law with which many attorneys are unfamiliar. As a result, if you believe that you have experienced or are currently experiencing false imprisonment, you should be sure to contact an attorney who has successfully litigated false imprisonment cases in the past. Some of the ways a false imprisonment lawyer can help you include:
- Determining whether you have a claim for false imprisonment
- Filing suit against the person or party responsible for your false imprisonment
- Anticipating and rebutting any defenses that the defendant may raise
- Help you determine what damages you may have sustained as a result of being falsely imprisoned.
These are just some of the ways an attorney can help you. The best way to maximize your chances of successfully suing for false imprisonment is to retain the services of a false imprisonment attorney as soon as possible.