Wrongful Imprisonment Pre-Settlement Funding
When a person is unlawfully detained against their will, they are a victim of false arrest and sometimes false imprisonment. When a person has served all or part of a prison sentence for a federal or state crime they did not commit, they are a victim of wrongful incarceration. Victims who have been unjustly detained or incarcerated may be able to receive compensation for the resulting financial, physical, and emotional damages through a wrongful imprisonment settlement.
Wrongful Imprisonment in Stats
How LitiPay Settlement Funding can help wrongful imprisonment victims
LitiPay’s litigation funding can support wrongfully imprisoned victims needing to cover short-term costs, allowing the victim to pursue legal recourse and have the at-fault party pay fully for damages and costs.
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Advice for wrongful imprisonment victims
A wrongful imprisonment radically alters the course of an innocent person’s life, creating financial, emotional, and social barriers that would not have existed but for the unjust imprisonment. Developing a post-release plan equips formerly incarcerated individuals or those who were unlawfully detained by another person to re-enter society as comfortably as possible and to receive the full restitution available to them.
After being released from wrongful imprisonment, a person should:
Find community.
If you’ve been wrongfully incarcerated or imprisoned for a lengthy period of time, life may seem overwhelming. Connect with a prisoner reentry program to get help making the transition back to autonomy. If you have family nearby, reach out to them. Join an interest club, religious community, or support group. You don’t have to do this alone.
Establish a healthy routine.
Create a resume using the work experience you’ve accumulated prior to and during your prison sentence to build a resume and apply to jobs available to those with criminal records. If you were not incarcerated but experienced the trauma of unlawful detainment, focusing on daily exercise, meditation, volunteering, and employment can help you feel empowered once again.
Obtain the documentation you need to move forward.
When being released from prison, use whatever identification you already have including a prison ID, birth certificate, and/or social security card to obtain an updated driver’s license or state ID. If a victim of false imprisonment, quickly connect with a civil attorney to determine the best way to document the incident.
Collect legal resources.
It’s your parole officer’s job to guide you through your reentry to society. Earn their trust by remaining compliant and ask them questions when you need help figuring out your next steps. Discuss legal options with your attorney, especially if the person who falsely imprisoned you works for the government.
Take legal action.
If you are a victim of false imprisonment, you can file a lawsuit against the institution or person who imprisoned you demanding compensation for the resulting damages. The at-fault party responsible for your wrongful imprisonment is also liable for the material and immaterial harms caused by that trauma.
Moving past a false imprisonment can take time, money and emotional resilience. Focus on the outcomes you can influence, and aim to find strength to overcome one of the most hopeless situations.
How Wrongful Imprisonment Settlements Work
Unfortunately, wrongful imprisonments are difficult to track because of a lack of transparency from law enforcement, but anecdotal evidence indicates that they are extremely common occurrences. Perpetrators of wrongful imprisonments are often police officers or other government officials inappropriately welding their positions to unlawfully confine a person. Victims of wrongful imprisonment rely mostly on litigation to pursue compensation.
A wrongful imprisonment settlement occurs when a victim agrees to accept a specific sum from the at-fault party, typically a police department, the state, or the federal government. A settlement may be more appealing to a victim than letting a lawsuit run its course because it creates immediate access to funds needed to cover the expenses resulting from the wrongful imprisonment.
On the other hand, victims risk accepting a settlement amount smaller than what they’d win in court and settlement structures can also vary.
Pre-settlement funding is another payment structure that gives wrongful imprisonment victims a portion of their potential settlement funds upfront so that they can address their urgent financial needsl. Because pre-settlement funding is not a loan, victims don’t have to worry about paying it back if they lose their lawsuits.
FAQs from Wrongful Imprisonment Settlements
Disclaimer: The information on this page is not intended to be legal advice. Please ensure you seek legal counsel in the event of a personal injury.
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