Bouncers are supposed to protect patrons and customers, but sometimes they act with disregard to their duties and cause serious injuries. Know what you should do after you have been a victim of excessive force to improve your odds of filing a successful claim.
Our attorneys can help. A successful excessive force claims depends on many factors such as your conduct at the time of the alleged incident, the extent of your injuries, who else was involved, and how the bouncer was employed at the time of the incident. Call Oronoz & Ericsson Injury Lawyers at (702) 878-2889 to discuss your case.
Proving Your Excessive Force Case
If a bouncer used excessive force on you, documenting the evidence will be very important to filing a lawsuit later. You should gather all the information possible including:
- Photos of the area where the incident occurred
- Incident reports from police and personnel at the establishment
- Witness statements and contact information
- Medical records
- Camera footage of the incident
Some of this information may be difficult to obtain on your own, which is why having an attorney help with this type of claim is so important. Many establishments routinely destroy security footage if it is not requested in a timely manner. If an attorney notifies the owners of the business that any evidence related to the incident should be preserved, the owner will be legally required to save any videos and other evidence related to the videos.
Witness statements are essential to proving your case. Make sure to get contact information for any witnesses who were present at the time of the incident. A bouncer may claim that you were acting drunk and aggressively towards them or other patrons, and business owners are likely to back of the claims of their employees to avoid liability. If you have several witnesses who can testify that your version of events is true, this will go a long way in helping prove your case. It is best to have an attorney contact witnesses so that you cannot be accused of trying to influence their testimony in any way.
Make sure to document your injuries. If you were injured as a result of the excessive force, seek prompt medical treatment. If your injuries were only minor, such as scrapes or bruising that do not require medical care, make sure to take photographs of the injuries. Also be sure to document any property damage caused by the incident such as broken glasses or damaged clothing and their replacement values.
What if I am Asked to Make a Statement?
You may be asked to make a statement to police after excessive force has been used against you. Speak to an attorney first. A bouncer who acted aggressively is likely to claim that you were the aggressor and any force used against you was for the protection of other patrons. If you are being charged with a crime, make sure you talk to a lawyer before you make any statements to law enforcement that could adversely affect your case.
Filing a Lawsuit
Many cases can be resolved successfully without a lawsuit by contacting the owner of the business where the excessive force occurred or their insurance company. It is best to do so through an attorney because a business owner and their agents may do everything they can to try to get you to admit that you were at fault and to avoid liability.
The process of filing a lawsuit begins with filing a complaint in the jurisdiction where the incident occurred. After the lawsuit is filed, there are many other steps which must be taken such as gathering evidence, subpoenaing witnesses, negotiation, and preparing the case for a jury trial. An excessive force case is not the type of legal matter you want to handle on your own.
Consult a Nevada Excessive Force Attorney
Do you have questions about what to do after a bouncer used excessive force against you? Contact the experienced attorneys at Oronoz & Ericsson Injury Lawyers . We will aggressively fight for your rights and carefully analyze your case to get you the compensation that you deserve.