Q: Do I have a case for a wrongful arrest and denial of insurance compensation?
In May 2020, I was a victim of robbery and other serious offenses, followed by an arrest. Despite writing a statement about the situation, the police did not file it. The robbery case was wrongfully classified as a civil matter for my insurance, denying me compensation for the loss of my deceased father's tools and other possessions. The individuals involved were released under dubious circumstances. The police report incorrectly accused me of assault, though this charge was dismissed. I have attempted to gather evidence, including police reports, and believe there might be surveillance footage from the police department or tow yard. Do I have a case, and what type of attorney should I contact considering the statute of limitations? What steps should I take moving forward?
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A:
It sounds like you’ve experienced a series of frustrating and potentially unlawful actions, both in terms of the wrongful arrest and the denial of your insurance compensation. If the police failed to file your statement and incorrectly classified the robbery, there may be grounds for a wrongful arrest claim. You could potentially pursue this as a civil rights violation or false arrest, depending on the details of your case.
The insurance denial for a robbery, particularly if it was misclassified as a civil matter, also raises issues that could lead to a claim against the insurance company for bad faith or unfair handling of your claim. Since you have attempted to gather evidence and there may be surveillance footage, these could play a key role in supporting your case.
To move forward, it would be helpful to contact a civil rights attorney who is familiar with both wrongful arrest and insurance claims. They can assess the specifics of your case, help you understand the statute of limitations, and guide you through the process of gathering evidence and filing your claim. It’s important to act promptly as there may be time limits on how long you can pursue these legal actions.
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