How to tell if you may have a civil claim against a prison or police service
One of the services that Prison & Police Law provides is to assess the records available to you and produce an advice letter regarding your likelihood of success in a civil claim against a police service or prison. If you’re wondering what kinds of factors go into an assessment of success, this post is intended to give you an idea of the characteristics of a situation that may result in a successful civil claim.* Your lawyer may ask you these questions, so you can also use this list to be prepared for your first meeting.
*Every situation is different. This is not intended as an exhaustive or determinative list.
When did the incident occur? Was it more than two years ago? You likely only have two years from the date the incident occurred to initiate a lawsuit. If the incident occurred two years ago, you can still consult a lawyer, but your chances of a successful claim are much lower.
Is there documentation? Unfortunately, civil claims are won and lost based on what can be proven, not necessarily what actually happened. Is there video of what happened? Did someone in a position of authority write up any kind of report about it? If you were injured, did you go to a health care provider? Did that health care provider produce records? Did anyone witness what happened, and do you have their contact information?
Where did the incident happen? Was it in Alberta? In Canada? In a federal or provincial correctional system? If the incident happened outside Alberta but in Canada, especially if it happened in another province’s provincial correctional system, it might be best to find a lawyer who practices in the place where the incident happened, as legal rules are different in each province. Not all lawyers take clients whose files will require going to court in another province.
How has the incident affected you? Have you gone to counselling? Have you been unable to work? Do you have chronic pain or an ongoing health condition? What documentation is available about your health condition? Your lawyer will want to know about both the short- and the long-term effects that the incident had on you.
Have you spent money as a result of what happened? Was something belonging to you damaged? Did you have to pay out of pocket for any health care expenses? Do you have receipts?
Was anyone criminally charged as a result of what happened to you? Who? What is the status of those charges?
Have you made a formal complaint of any kind about what happened? Where? To whom? What happened as a result?
Have you requested any information about what happened? For example, have you used FOIP to request records from the provincial government or ATIP to request records from the federal government? Have you requested information from Alberta Health Services?
All of this can feel overwhelming, which is why we offer to do it for you. Prison & Police Law charges $1000 plus GST and expenses incurred on your behalf to order all records applicable to your situation, assess them for you, and provide you with an advice letter about some ways you can move forward.
Contact admin@prisonpolicelaw.ca or leave a voicemail at 587-433-7272 for more information.