Category: Insights

They have encouraged millions to set and share goals or to appreciate the beauty of a sunrise, but TikTok challenges — contests on the popular social media site challenging users to upload a video of themselves completing a task — do not always encourage such positive behavior. 

A TikTok challenge is leaving numerous Kia and Hyundai owners with missing vehicles and in search of legal redress.

The TikTok car theft challenge, described in August 2022 by the Los Angeles Police Department, is depriving car owners of their vehicles as perpetrators steal and trash those cars for fun. 

Children and teens looking to compete in the challenge are told to upload a video of themselves hotwiring and stealing a car using nothing more than a standard USB cable. The vehicles that are most often targeted by those participating in the challenge are Hyundais and Kias manufactured between 2010 and 2021.

In looking for answers and compensation, owners of the stolen Kias and Hyundais that have been stolen in this TikTok car theft trend are turning their attention to the car manufacturers themselves.

History and Impact of TikTok Car Thefts

Experts believe that Kia TikTok thefts and Hyundai TikTok thefts first started in 2021 and have exploded in popularity since. 

According to a CNBC report, several large jurisdictions have reported alarming increases in the number of Kias and Hyundais being stolen as individuals, usually, children, participate in the challenge. For example:

• Beginning in July 2022, St. Petersburg, Florida, reported that over 33 percent of all car thefts are tied to the TikTok car theft challenge
• Los Angeles, California, indicates that there was an 85 percent increase in the number of Hyundai and Kia thefts from 2021 to 2022
• Chicago, Illinois, reports nearly an 800 percent increase in the theft of specific vehicles since the TikTok challenge first appeared

While the challenge does not require participants to steal any certain type of car, Kias and Hyundais built between 2010 and 2021 are being targeted because of the ease with which they can be stolen. 

These vehicles use a mechanical key and do not have an engine immobilizer, making them easy to steal. Thieves, some of whom are as young as 11 years, can easily open the steering column and hotwire these vehicles in as little as 30 seconds.

Once a vehicle is stolen, an event that the thief records on TikTok, the thief or thieves will take the vehicle and joyride or use the vehicle to commit additional crimes. Some of the Kias and Hyundais that were stolen have later been recovered after the thieves abandoned them, leaving them heavily damaged.

Since the TikTok car theft trend began, Kia and Hyundai have announced upgrades to affected vehicles that will prevent the engine from starting absent the key actually being in the ignition.

Lawsuits Filed Against Kia and Hyundai

Depending on the age of those stealing the cars, they may face few criminal consequences. This assumes that the people responsible for stealing the Kia or Hyundai can be identified and located. 

But even where a criminal conviction is secured, this may be a no-win situation for victims because few, if any, criminal defendants have the financial resources to compensate their victims for their losses.

These and perhaps other concerns have prompted those affected by the TikTok car theft challenge to either file individual lawsuits or join class action suits against the two automakers and seek damages from the manufacturers. 

Although the mechanisms of an individual lawsuit and a class action lawsuit are slightly different, both center on a similar claim: that the auto manufacturer negligently crafted certain vehicles, making them unreasonably easy for others to steal.

Individual Product Liability Lawsuits

Theft victims who file individual lawsuits do so under a theory of product liability. This legal theory says that manufacturers of a product have an obligation to their consumers not to allow design flaws or other failures to render their product dangerous or defective. 

When manufacturers of products unreasonably allow defective products to make their way into the hands of consumers, the manufacturers can be responsible for losses, damage, and harm.

Class Action Lawsuits

In a class action suit, numerous plaintiffs — sometimes hundreds or thousands of them — with a similar injury caused by the same party will join together and bring a class action suit. 

In this type of suit, a few plaintiffs will represent the entire class and will prosecute a case on behalf of the entire class. These class representatives have the authority to enter into a settlement or take the case to trial.

Class members themselves have little control over the resolution of the case, but they do benefit from being able to share in any verdict or settlement that the class representatives secure. 

A class action lawsuit can also provide compensation to class members who may not have had their cars stolen but who nonetheless had a defective Kia or Hyundai.

What to Do if You Are Affected by the TikTok Kia Thefts and Hyundai Thefts

If you own a Kia or Hyundai manufactured between 2010 and 2021 that uses a physical key to start the car, you should contact your nearest service facility about the manufacturer’s available security upgrades. 

If your vehicle has not yet been stolen in this TikTok car theft trend, these security upgrades can help prevent your car from falling victim to this senseless and damaging challenge.

Regardless of whether your vehicle has been stolen, though, you may have legal rights that you can assert against the vehicle’s manufacturer. Depending on the facts of your situation, these rights can include the ability to join one of several class action lawsuits presently pending in numerous states. You may also be able to file an individual product liability case.

Contact McEldrew Purtell for a free consultation if you have a Hyundai or Kia manufactured between 2010 and 2021. We will evaluate your situation, advise you of your legal rights, and help you take action to secure the compensation you are entitled to.

You can find just about any product you need in a Walmart, from tires and oil changes to clothing, groceries, and financial services. But you can also be injured there in a variety of ways, from slipping and falling on a hazard in Walmart to suffering a physical, violent assault at Walmart. 

Nearly 15 years ago, about 5,000 lawsuits were being filed against the retail giant each year, a number that has likely increased — not decreased — since that time.

Walmart is a behemoth, ranking as the world’s largest company in terms of revenue in 2022. Unlike smaller companies, Walmart has its own insurance company and does not need to rely on an outside insurer for liability protection. 

Being sued about 14 times per day every year has also encouraged Walmart to stand its ground when sued and not automatically settle every claim filed against the company.

All of this can be discouraging news for customers who were hurt at Walmart and are thinking of filing a Walmart lawsuit. Despite the challenges in doing so, though, you may be able to bring lawsuits against Walmart when you or a loved one gets hurt inside a store or on a store’s property.

Types of Injuries Occurring at Walmart

There are several dangers in your local Walmart that can lead to an injury for you or a family member. Some of the possible ways you can be injured include the following:

Slips and Falls

Like any other business, large or small, that invites customers to come and shop, Walmart has a legal obligation to identify and clean up spills and mop up snow, rain, and ice to protect patrons from slipping and falling. 

This legal duty to protect extends to other hazards, such as a dry product that spills across the floor. In each of these cases, slips and falls that follow from hazards left unaddressed can mean liability for Walmart.

Security footage and cleaning logs may lead Walmart to conclude it cannot win some of the lawsuits it faces. These cases may resolve with Walmart slip and fall settlements that pay compensation to the injured customer. For other Walmart slip and fall lawsuits, the company may push back and refuse to settle absent additional proof of its liability.

Even if you say, “I slipped and fell to my knees in a Walmart, but I did not hit my head,” you may have sustained an injury to your knees or another body part. If this is the case, you likely have grounds to file a Walmart lawsuit.

Head Injuries and Other Personal Injuries

Just because a Walmart’s floors are clean does not mean there are no dangers present. Carelessly stacked merchandise can topple and fall on you. If this sequence of events happens with a heavy object stacked at a height, you could suffer a serious blow to the head that results in a mild concussion, a cut, or some other harm.

Walmart is responsible for training its employees and supervising their work, so if a Walmart employee stacked these items in a thoughtless manner, the law gives you as the injury victim legal rights and the ability to seek compensation.

Acts of Violence at Walmart

Sometimes, instead of a condition like a slippery floor, it’s a fellow customer that poses a danger to you. News stories are replete with instances of violence occurring in Walmart stores. In fact, over 90 instances of assaults, batteries, and other acts of violence have taken place at Walmart stores over the past several years.

Liability for the retail giant is trickier in these cases; Walmart may not always know which customers will pose a danger to others. In the following situations, though, a strong case can be made through a Walmart lawsuit that Walmart should be liable for damages:

• A customer openly carries a weapon or gun into the store or through the parking lot
• A customer is being belligerent and noisy or making threats to other customers
• A customer has a history of acting out or acting violently but keeps returning to the store
• The store received credible information from law enforcement that an individual was approaching the store and posed a danger

In these and similar situations, the law requires Walmart to take reasonable steps to protect customers. These can include warning customers of approaching danger, giving them instructions in an emergency, calling for emergency assistance, or using security employees to remove the danger from the store.

Other Injuries Sustained at Walmart

You can also suffer personal harm if you are struck by motorized equipment or if you unknowingly purchase and consume a dangerous product that has been recalled but is still offered on Walmart’s shelves.

Why Walmart Lawsuits Are So Common

Poorly trained or minimally supervised team members, a culture that values profit and sales over safety, and large stores that can cover 187,000 square feet or more are just some of the possible reasons why the company finds itself facing thousands of lawsuits every year. 

No company is perfect, and all companies will have employees who commit mistakes. However, the fact that Walmart continues to face so many lawsuits annually suggests that the cost of defending against these suits or paying a claim is not so great as to justify a radical restructuring of how the company does business.

Building a Case Against Walmart with a Lawyer’s Help

There is a path to victory in a Walmart injury lawsuit, but the road will not be easy. If Walmart chooses to deny your claim, you can expect the company will defend its actions and inactions vigorously in court.

As experienced personal injury lawyers, the attorneys at McEldrew Purtell will review the facts of your Walmart injury for free and evaluate whether you can and should file a suit against Walmart. If the answer is yes, McEldrew Purtell is fully capable of helping you with your case, both in and out of court.

Recognizing examples of negligence in a hospital setting can help you identify when you have been affected. Learn more about hospital negligence and what it looks like. Find out what you can do when you or a loved one have been harmed by medical malpractice. 

Examples of Hospital Negligence

Hospital negligence exists in many forms. You can be harmed through medication errors and surgical errors. Other forms of hospital negligence include failing to hire enough staff and security issues. If you have been harmed by hospital negligence, a lawyer can help you recover the damages you deserve.

Medication Errors and Improper Treatment

One type of hospital negligence arises when doctors or nurses administer the wrong drug to the patient. There are several times during patient care when this error can occur. Generally, medication errors occur at one of the following times:

• Administering
• Dispensing
• Documenting
• Monitoring
• Ordering or prescribing
• Transcribing

The most common stages for drug errors are the prescribing and ordering stages. Ordering errors account for nearly 50% of all medication errors.

Some causes of medication errors include the following:

• Expired product
• Incorrect dosage form
• Incorrect dose
• Incorrect duration
• Incorrect preparation
• Incorrect rate
• Incorrect strength
• Incorrect timing
• Known allergen reaction
• Known contraindication
• Pharmacist judgment error

You may be eligible for compensation if you or a loved one have been injured due to receiving the wrong medication. A medical malpractice lawyer can help you report your medication errors.

Surgical Errors

Neurosurgeons, and spine surgeons in particular, face the highest risk of medical malpractice claims. When successful, these malpractice claims produce verdicts with an average award of more than $1 million.

The following are examples of medical negligence involving surgical errors:

• Wrong side surgery: The medical professional operates on the wrong side of the patient.
• Correct side, wrong site surgery: The healthcare professional performs surgery on the correct side of the patient but in the wrong location.
• Wrong procedure: The surgeon performs the wrong procedure on the patient.
• Wrong patient: The medical professional performs a surgery meant for one patient on the incorrect patient. 

Surgical errors are among the most feared medical errors. Little can compare to submitting yourself to the necessary amputation of your right leg only to awaken and find the surgeon removed your left leg instead due to medical negligence.

Millions of dollars in court-ordered damages will never replace your missing limbs or compensate you for your injuries. However, these awards can help you cover necessary medical treatment. This treatment can be crucial to helping you live a fulfilling life.

Inadequate Staffing

Inadequate staffing is one example of negligence in a hospital setting. It is considered one of the root causes of medical malpractice. Hospitals sometimes reduce their nursing staff to decrease their overhead costs. However, this strategy can backfire on hospitals. Having nursing staff numbers fall below target levels is connected to increased mortality within a hospital.

It is easy to understand how inadequate staffing can lead to an increased risk of medical negligence. Staffing shortages can cause existing staff to feel overworked and stressed in nearly any industry. In an industry such as medicine, where a mistake can kill, being overworked and stressed can have devastating outcomes. 

Inadequate staffing-related examples of medical negligence include the following:

• Overtime is associated with higher rates of infection.
• Errors in medication increase mortality levels.
• Having fewer nurses around can result in failure to rescue.

If you believe you are a victim of hospital negligence due to inadequate staffing, you may have a valid medical malpractice claim. A medical malpractice attorney can review your case and explain your legal options.

Negligent Security

Another type of hospital negligence involves insufficient security. Examples of negligence in healthcare that involve security include the following:

• Being sexually assaulted
• Being physically battered
• Being verbally assaulted 

These attacks could come from medical staff, other patients, visitors, or anyone else in the hospital.

Can You Sue a Hospital for Negligence?

You can sue a hospital for negligence if it or its staff have broken their duty of care toward you. When you trust a medical professional to treat you in a hospital, that person owes you a certain standard of care. 

The standard of care is a medical and legal term that refers to how your medical practitioner should have handled your situation. The court compares the potentially negligent actions of your medical provider to how other qualified healthcare providers under the same circumstances would have behaved.

If other healthcare practitioners would not have made the same error, the court will consider your doctor or nurse to have breached their standard of care to you.

Proving that your medical practitioner owed you a duty of care and failed to deliver that care to you proves two required elements of a medical malpractice claim.

What Is the Average Compensation Amount in Hospital Negligence Cases?

Hospital negligence victims can receive compensation of up to millions of dollars. Not every claim receives this amount. Much depends on the damages and injuries you have endured due to the negligent actions.

Examples of damages the court could compensate you for include economic and noneconomic damages. Economic damages are those the court can assign a cost to with relative ease. These can include items that have receipts, such as hospital bills. 

Noneconomic damages are more difficult to quantify. They may include the pain you endured due to the hospital’s negligence. While noneconomic damages are more challenging to assign a dollar amount to, the courts do their best to adequately compensate you for your negative experience.

Examples of economic damages:

• Medical bills
• Future medical bills
• Lost wages
• Future lost earnings

Examples of noneconomic damages:

• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Punitive damages

The court may provide loss of consortium to your spouse for noneconomic damages they suffer. This damage award relates to their loss of intimacy within the marital relationship.

Courts rarely issue punitive damages. However, when a court awards these damages, the reward is often substantial. Courts issue punitive damages to punish the negligent party for particularly reprehensible actions. Courts may use these damages to warn other potential offenders that they will not tolerate these types of negligent actions.

Go Over Your Options With a Medical Malpractice Lawyer

If a hospital’s negligent actions have harmed you or your loved one, a medical malpractice attorney may be able to help you recover damages. Not every incident of harm to a patient is medical malpractice. However, an experienced lawyer is best suited to examine your case and present you with your legal options.

Contact the medical malpractice lawyers at McEldrew Purtell today to arrange your free, no-obligation consultation.

The Environmental Protection Agency formally recognizes nearly 800 toxic chemicals linked to adverse health effects. At the same time, the Natural Resources Defense Council reports there are more than 80,000 chemicals used in the U.S. Most of these chemicals have not been adequately tested for their effect on human health.1,2

The Occupational Safety and Health Administration estimates that every year, there are 60,000 deaths and 860,000 workplace illnesses from chemical exposure.3 

Exposure can be direct or indirect. Direct exposure occurs when someone comes in contact with chemicals, such as spilling a chemical on their skin. Examples of indirect exposure include drinking contaminated water or working in an area where chemicals are disbursed into the air.

Where and When Your Risk of Exposure Is the Highest

Chemicals can enter your body through skin or eye contact, breathing in chemical gases in the air, or ingesting them. Once chemical are in your body, they can move rapidly within your bloodstream to internal organs.

Detecting chemicals can be challenging. While you may easily identify solids or liquids, dust and mist can contain chemicals, too. Fumes, vapors, and other gases are often invisible. This makes the risk for exposure higher in areas that you do not control, such as the workplace.

Chemical exposure does happen in homes and affects health. However, the majority of people experiencing toxic effects from harmful chemicals are exposed in the workplace, especially in areas without proper ventilation.

While anyone can suffer from chemical exposure, some occupations are more likely to come in contact with toxic chemicals, such as those working in:

• Aerospace
• Construction 
• Factories
• Farming and agriculture 
• Food service
• Healthcare
• Labs
• Manufacturing
• Mining
• Railroad and transportation
• Textiles
• Welding

Toxic tort lawsuits have been filed against employers, manufacturers, and other entities for a variety of reasons, including lead poisoning, asbestos exposure, dangerous pharmaceutical drugs, and other product liability claims. Some cases lead to class action suits that recover millions of dollars.

Telltale Signs of Chemical Exposure

The health effects from chemical exposure can do serious damage, causing acute (short-term) effects that show up soon after exposure to chemicals or chronic (long-term) damage. 

Chemical exposure symptoms include:

Skin and Eye Irritation

Eye and skin irritations are common in chemical exposures. Symptoms include redness, swelling, and blistering, and are sometimes painful.

Blurred Vision

Even mild chemical exposure can cause blurred vision. More serious effects can include chemical eye burns. Along with blurred vision, symptoms often include headaches or dizziness.

Nausea and Vomiting

Certain chemicals cause an immediate reaction. Nausea and vomiting can happen quickly from chemical exposure, but may also develop into a chronic condition, including cramping and diarrhea.

Shortness of Breath               

Exposure to chemicals can cause shortness of breath or other breathing difficulties. Chronic coughing, wheezing, chest tightness, and asthma have been linked to toxic chemical exposure in studies. In some cases, this can result in respiratory failure.

Cognitive Impairment

Some chemicals have been linked to cognitive impairment. Symptoms include memory loss, confusion, and difficulty concentrating.

Fatigue and Weakness

Other common symptoms of chemical exposure include muscle aches and pains, fatigue and weakness, and overall lethargy.

Other Potential Symptoms

Other common symptoms from chemical exposure include:

• Abdominal pain or swelling
• Rapid breathing (tachypnea)
• Rapid heart rate (tachycardia)
• Chemical taste and smells even after exposure
• Acid reflux or heartburn and stomach problems

Potential Health Effects of Chemical Exposure

Chemical and industrial hazardous chemical exposure can have an immediate impact on health or takes years to develop. In many cases, people may no longer be working at the companies or live in areas where they were affected. 

In many cases, symptoms persist long after exposure stops or decreases. For example, cancers can take years or decades to show up. Breathing in asbestos can take time to develop into health problems. And the damage to the lungs may be permanent. 

Some of the potential health effects, especially for long-term exposures, include:

• Aplastic anemia
• Asbestosis
• Cancer
• Hodgkin’s disease
• Leukemia
• Lung disease
• Mesothelioma
• Parkinson’s
• Silicosis

Potential health effects include chronic toxicity, which is linked to various forms of cancer, compromised immune systems, neurological disorders, and reproductive or developmental problems.

The Agency for Toxic Substances and Disease Registry, a public health agency within the U.S. Department of Health, has linked chemical exposure to a broad range of negative health effects on your body’s systems, including:5

• Respiratory systems: asbestosis, lung cancer, bronchitis, fibrosis, emphysema, chemical pneumonia
• Renal systems: kidney tissue damage and kidney cancer
• Cardiovascular systems: heart disease and heart failure
• Reproductive system: infertility and birth defects
• Nervous system: diminished motor functions, feeling, and speech
• Hepatic system: tumors, weight gain, death of liver cells
• Skin: dermatitis, rashes, discoloration

When To Seek Medical Attention

If you have been exposed to chemicals and exhibit any of the symptoms above, you should immediately seek medical care. If possible, make note of the type of chemicals involved, how you were exposed, and the duration of the exposure. This can help medical professionals more quickly determine the right treatment.

If exposure leads to significant breathing problems, burns, or symptoms of shock, call 911 immediately. The Centers for Disease Control recommends contacting medical professionals immediately as soon as you are aware of the exposure.

You’ve Been Harmed by Hazardous Chemicals, Contact Us Today

McEldrew Purtell is a Philadelphia-based trial firm that specializes in catastrophic injury, whistleblower litigation, and toxic tort claims. We support our clients through every stage of recovery and hold the powerful responsible for the damage they cause.

Determining whether you have an actionable claim requires an evaluation by experienced toxic tort attorneys. You need substantial evidence to prove your claims. 

The experienced toxic tort attorneys at McEldrew Purtell can evaluate your case, explain your legal options, and help you determine the evidence to build a strong claim. We’ve recovered more than $2 billion for our clients and our fees are waived until you receive a settlement. 

Call (215) 965-4477 or contact us online for a 100% free and no-risk consultation.

SOURCES

1. https://www.epa.gov/toxics-release-inventory-tri-program/tri-listed-chemicals
2. https://www.nrdc.org/issues/toxic-chemicals
3. https://www.osha.gov/dermal-exposure
4. https://www.vdh.virginia.gov/emergency-preparedness/public-preparedness-guidance/chemical-agents/unknown-chemical-exposure/
5. https://www.atsdr.cdc.gov/emes/public/docs/health%20effects%20of%20chemical%20exposure%20fs.pdf

When you experience harm, you don’t always have to prove someone was careless or negligent. Sometimes the standard is strict liability, where a person or business is held to account just because an event happened.

Strict liability is restricted to three types of cases in Pennsylvania: defective products, animal bites, and dangerous activities. If you have been hurt in such a case, a lawyer can help you launch a strict liability claim to ensure you meet the requirements to recover damages.   

An Overview of Strict Liability Laws

If you bring a lawsuit based on strict liability, you have to meet the elements of strict liability to win your case. These elements depend on the kind of harm you experienced. Sometimes these are the result of the statute that lays out the rules for such cases. 

Even if you succeed on a claim of strict liability, the person responsible may still have a defense. In Pennsylvania, you must bring your strict liability case within two years of the injury.

Defective Products

Sometimes a person is injured by a product. Product liability is an example of strict liability where you don’t have to show that the people involved in making the items you depend on to live your daily life were careless.

If the test for strict liability is met, the manufacturer can be held liable even if they were not negligent. 

In general, for strict product liability, someone has to show that: 

• The product had a defect
• The defect made the product unreasonably dangerous
• The product caused their injury

In addition, the person suing has to show they used the product as it was meant to be used. If you are hurt because you used the product in the wrong way, your claim might not succeed. 

The defect may be in the product’s manufacture, design, or in marketing materials that fail to warn about a potential hazard.

In cases of defective products, bystanders who are also hurt can sue the manufacturer, even if they didn’t own the item in question. It is possible to sue for injuries to your children because of defects in toys, for example.

Even though defective product cases are judged on the basis of strict liability, manufacturers do have a defence. If a court accepts their defence, your lawsuit won’t succeed even if you have proven all parts of the test. 

A manufacturer can defend themselves against a defective products claim if they can show you knew about the defect. If you’ve had a product for a period of time and know it has some faults, but go ahead and use it, the manufacturer may not be held liable even if one of those faults is what directly caused your injury. 

You have two years from the time you are injured by a product to bring a lawsuit in Pennsylvania. However, if you don’t immediately realize you are injured, the clock starts once your injury is discovered. 

Animal Owners

Sometimes a person is injured by an animal, such as when they are bitten by a dog. If the strict liability test for animal bites is met, the owner can be held liable. That’s the case even if the owner has not been careless or reckless.

However, in Pennsylvania, the law limits the amount of money you can recover if the dog attacks you but the owner is not negligent. In this case, you can only recover medical expenses for your injuries. If you want to get other damages, such as for lost income or pain and suffering, you have to show the owner was negligent. Showing the owner is negligent is not a case of strict liability.

The test for strict liability in dog bite cases is: 

• The defendant owns the dog
• The dog bit the person bringing the lawsuit
• The dog bite caused the person’s injuries

The dog owner has two possible defences in a case of strict liability:

• The dog was provoked, or
• The defendant was trespassing on the property.

If either defence applies, the owner will not be liable in a strict liability case. 

If you want to recover more than medical expenses, you have to show the owner was negligent. The test for negligence is: 

• Proving the owner knew the dog had “unmistakable vicious tendencies,” and
• The owner failed to take reasonable steps to control the dog.

If the person who got the bite somehow bore some fault for their injuries, the dog owner may not have full liability in a negligence case. Even if the lawsuit succeeds, the money you get may be reduced according to how big a role you played in the incident.

Dangerous Activities

Sometimes a person does something so dangerous they can be held strictly liable for the harm that results, even if they are not otherwise negligent. 

A common example is storing explosives in a residence. There is a high likelihood someone could experience injuries in these circumstances. In these cases a person bringing a lawsuit would not be required to have exercised reasonable care to prevent being injured. 

The general test for dangerous activities is: 

• The person engaged in an ultrahazardous or inherently dangerous activity
• The activity caused a high risk for injury
• The plaintiff was injured because of the dangerous activity
• The defendant could have predicted those injuries

There are ways to defend against a strict liability claim for dangerous activities as well. The person being sued could say the injuries were not substantially the result of the dangerous activity, but mostly from another cause.

Bring Your Strict Liability Claim To Us

The strict liability rule can make it easier for people who have been injured to get damages. If you fail to prove all parts of the strict liability law test, your claim will fail. 

The best way to ensure success in your case is to talk to a lawyer. The attorneys at McEldrew Purtell offer a free consultation. Contact us today to see if we can get you compensation for your injuries. 

The last thing you have time for in your busy life is an auto accident. A rideshare accident can feel even worse, as you may not know how rideshare companies can factor into the dynamics of a car crash. 

Getting into a rideshare accident can be more complicated than your typical auto accident. Regardless of your role in the accident, there are certain steps you should take to protect your rights. Learn how rideshare accidents differ from other vehicular accidents and what to do if you are involved in one.

How Are Rideshare Accidents Different From Regular Car Accidents?

One of the significant differences between rideshare accidents and ‘regular’ accidents is that the driver of the rideshare is engaged in commercial business while using their personal vehicle. Although rideshare drivers engage in commercial business, they typically do not have commercial auto insurance or a commercial driver’s license, as a taxi driver would have.

Rideshare companies like Uber and Lyft make statements to differentiate themselves from traditional vehicle transportation services. They maintain that the drivers are not employees and that their platform exists solely to match riders with drivers. 

However, Lyft and Uber do take some precautions to screen their drivers. They require:

• Records of previous traffic infractions, such as DUIs and speeding tickets
• Records of prior accidents
• Criminal background checks

Additionally, Uber sets minimum standards, including requiring that their drivers:

• Be 21 or older
• Have at least one year of U.S. driving experience
• Hold a valid U.S. driver’s license
• Drive an eligible vehicle with four doors
• Show proof of insurance and registration

Actions To Take if You’re Involved in a Rideshare Accident

Regardless of your role in the accident, and similar to other car crashes, it is a good idea to follow these basic guidelines:

• Call the police
• Get the contact details of the involved parties
• Document the accident
• Seek medical attention
• Track your medical bills and other expenses

Depending on your role, there may be additional steps you should take after a rideshare accident. These recommended actions can differ depending on whether you are the rideshare driver, the passenger, or the other vehicle’s driver.

As the Rideshare Driver

If the other driver was at fault, you would likely need to file insurance claims with their liability coverage company. This is often true even if you are in a no-fault car insurance state, such as Pennsylvania, New Jersey, and Massachusetts. This is because many car insurance policies will not cover you if you drive for a rideshare company.

If the at-fault driver’s insurance pays out an insufficient amount to fully cover your damages, including bodily injury and property damage, you will need to take additional actions. You can submit an uninsured/underinsured motorist (UM/UIM) coverage claim under your rideshare company’s insurance.

If you are at fault for the crash and seeking compensation for your damages, you should first file a claim with your insurance company. However, many insurance companies will deny your claim due to your commercial driving activity during the accident. As a rideshare driver, this can leave you vulnerable to accident damages while having limited avenues of recovery for those damages. 

As the Passenger

If you are a passenger in a rideshare when the vehicle crashes, you should report the accident to the rideshare company immediately. You should also call the police so that they can make an official report. Stay with your rideshare driver so that you can speak to the police about the accident and ensure they fairly evaluate the accident’s cause.

You should report the accident to the relevant insurance companies, including:

• The other driver’s insurance company
• Your insurance company
• The rideshare company’s insurance company

Contacting insurance companies quickly is best, as some may have post-accident notification deadlines.

As the Other Vehicle’s Driver

A rideshare vehicle accident can be especially stressful if you have never researched rideshare accidents and are unsure how a rideshare driver’s status impacts liability and insurance coverage. 

What you do next depends largely upon whether the rideshare driver was working, had passengers at the time, or was en route to pick up passengers. Different rideshare companies may have slightly different rules. However, they often have different insurance limits based on these situations.

The first thing you should do is to call the police to the accident scene. This will ensure they write up a report documenting the circumstances of your rideshare car accident.

No matter your role in a rideshare accident, protecting yourself and your rights is critical. This is particularly true if the accident caused severe damages, such as catastrophic injuries or death. 

Who Decides Who’s At Fault and How?

The local court will determine which party is the at-fault driver. Pennsylvania is a no-fault state, and its courts follow a modified comparative fault rule when both parties share blame for the crash. 

One of the parties may contest fault for the accident. If this happens, a rideshare accident lawyer can help protect your rights and ensure the responsible party is held liable for your property damage.

In this scenario, the jury will tally the total cost of the damages and allocate the percentage of fault to each party. If, for example, the damages are $1,000 and the jury determines the defendant is 80% responsible, the defendant will owe 80% of the damages, or $800. 

Does the Insurance Company or Rideshare Company Compensate for Losses?

The answer to this question could depend on the rideshare company involved in your accident. For example, Uber provides commercial coverage that activates when an Uber driver accepts your ride request and expires when they drop you off at your destination. The commercial Uber insurance policy limit is typically $1 million, which is sufficient to cover most accident damages.

See What Our Rideshare Accident Attorneys Can Do for You

A rideshare accident can be a scary experience, regardless of whether you were the passenger, the rideshare driver, or the other vehicle’s driver. Rideshare service companies are still relatively new businesses that are experiencing growing pains. And courts have only been dealing with rideshare accident lawsuits for the past several years.

If you are facing a rideshare accident lawsuit, having an experienced and knowledgeable car accident lawyer on your side can reduce stress and make the claims process easier. You want to work with an attorney who understands the intricacies of rideshare accidents and their legal implications.

Contact the rideshare accident lawyers at McEldrew Purtell today for your free consultation.

A wrongful conviction and imprisonment should never happen. Not only should you be exonerated for crimes you did not commit, but the state should compensate you for the injustice you endured. Wrongful incarceration compensation is one way the state can begin to make amends for its mistakes. A civil rights lawyer who understands wrongful incarceration can offer you invaluable legal services as you lodge your civil lawsuit against the state.

Compensation Laws Explained

There are three ways exonerees can receive compensation, depending on their state.

• State statutes can provide compensation for wrongful incarceration. The statutes vary between states but outline the qualifications for compensation. No-fault statutes mean the exoneree need not prove the state acted unlawfully to cause the wrongful conviction. They need only to demonstrate their innocence, as laid out by the statute. Most statutes require the crime to be a felony. Some statutes bar claimants who contributed to their conviction by pleading guilty. Other statutes have rarer requirements, such as a gubernatorial pardon or no prior felonies.
• Civil lawsuits can be filed to allege that state actors engaged in misconduct that violated the exoneree’s federal rights and resulted in wrongful incarceration. You can file these lawsuits in federal or state courts. Some court cases allege state torts, such as wrongful imprisonment, malicious prosecution, or attorney malpractice.
• A private bill is the rarest form of compensation. Sometimes state legislators pass laws that grant compensation to a specific individual. As more states adopt state compensation statutes, these private bills have become even less common.

Currently, 35 states and Washington D.C. pay compensation to exonerated individuals. However, Pennsylvania is not currently one of those states. House Bill 2794 would amend Titles 42 and 61 to compensate wrongfully convicted individuals. 

Wrongful incarceration compensation is a serious issue. Across the U.S., the courts exonerated 161 people in 2021. Each lost an average of 11.5 years in their time behind bars.

Additionally, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) has an exclusion laid out under section 139F of the Internal Revenue Code (IRC). This exclusion allows a wrongfully incarcerated person to exclude any restitution, civil damages, or other compensatory award related to their incarceration from their income. This is often referred to as the Wrongful Incarceration Exclusion.

How Much Are Victims of Wrongful Incarceration Compensated?

Different states offer different compensation amounts. Many states will pay a flat rate per year of incarceration.

Take the following states’ compensation rates based on their statutes, for example:

• Wisconsin: $5,000 to $25,000 per year
• Texas: $80,000 per year plus annual annuities
• Federal: $50,000 per year if the conviction involved no death sentence

Many state statutes follow the federal statute.

Under civil litigation, the range of compensation is significant. Courts awarded one of the largest verdicts to four men in 2007. They received $101.7 million. One of the largest single exoneree verdicts was $41 million in 2014. 

Calculating Compensation

One way to calculate compensation is to understand your statute’s compensation rates. For example, suppose the courts wrongfully incarcerated you under the federal statute with no mention of the death penalty, and you served 10 years of your life in prison. In that case, your due compensation is fairly straightforward to estimate. In your case, the federal statute awards $50,000 per year of wrongful incarceration. For 10 years of wrongful incarceration, you could expect to receive $500,000.

Calculating a civil damage award is more difficult, but you can start by considering previous cases where the court awarded compensation to exonerees. You can compare the details of these cases to your situation to get a rough idea of the compensation you may receive.

Payment of Compensation Awards

The payment of compensation depends partially on how the compensation was awarded. That is, whether the award was granted via statute, civil lawsuit, or private bill. Sometimes the payment can also depend on the state and its statute governing compensation for wrongful incarceration.

Is Monetary Compensation Immediately Paid Upon Exoneration?

In many cases, monetary compensation is not immediate. Some statutes require the exoneree to prove certain elements before they are granted compensation. They may be required to demonstrate their innocence by clear and convincing evidence or by a preponderance of the evidence.

In some states, no statute provides monetary compensation to wrongfully incarcerated people. In these states, including Pennsylvania, the most efficient manner of recovering damages is to file a civil lawsuit. Civil lawsuits do not offer immediate compensation. It could take months or even years to receive monetary compensation from a civil lawsuit, although the eventual compensation can dwarf the awards granted by state and federal statutes. 

What To Expect When Filing a Wrongful Incarceration Lawsuit

If you pursue a wrongful incarceration lawsuit, it is important to set reasonable expectations regarding the process. You should understand that an exoneration does not guarantee you will win your wrongful incarceration lawsuit; however, it improves your eligibility for compensation.

A wrongful incarceration lawsuit can be a time-consuming and complicated process. It can proceed over multiple years before you receive compensation. Many wrongful incarceration cases reach a settlement before they reach trial because of the length of time these cases can take to resolve.

Although the road to compensation may be challenging, innocent people who have been exonerated often have strong claims for compensation. A civil rights lawyer who excels at wrongful incarceration compensation claims can help guide you through the process and provide the legal services you need to recover your due compensation.

Our Wrongful Incarceration Attorneys Are Here to Help

At McEldrew Purtell, we believe innocent people who the courts wrongly incarcerated deserve significant compensation for the years they spent in prison. No amount of money is going to return those years to you. However, monetary compensation can help you get back on your feet and enable you to make the most of the rest of your life. 

If the justice system exonerated you or a loved one after a wrongful incarceration, you might be eligible to file a civil claim for monetary compensation. A wrongful incarceration attorney from McEldrew Purtell can help. We can advise you of the strength of your case, provide you with an estimated range of monetary compensation you may receive, and explain your legal options. We can answer your questions about the process and provide you with information on the outcomes of similar cases.

Contact McEldrew Purtell today to discuss your wrongful incarceration lawsuit.

A hate crime is a criminal act motivated by prejudice or bias against another person or group. It may involve almost any criminal offense if the criminal act is motivated by prejudice or discrimination. The perpetrator purposefully targets victims of hate crimes because of their race, ethnicity, gender, sexual orientation, or other characteristics the offender does not like.

At McEldrew Purtell, we understand the devastating effect a hate crime can have on a person. We want you to understand what hate crimes are and what you can do if you were the victim of one. You do not have to face all of this alone. We are here to help.

Hate Crimes Explained

A hate crime occurs when a criminal actor perpetrates an act against a person because of some prejudicial motivation. The name “hate crime” is fitting because the person dislikes or hates a particular group or characteristic. This may be hatred of a specific social group, racial demographic, or other class. The hate crime is motivated by this dislike or prejudice, but the act itself may be nearly any criminal act.

Victims of hate crimes usually belong to minority groups or a specific community. They are typically targeted because of some immutable characteristic they cannot change. Hate crimes in the US commonly occur because of hatred for the following characteristics:

• Ethnic background, national origin, or race
• Immigration status
• Gender or gender identity
• Sexual orientation
• First language
• Political views
• Religion or religious beliefs

Many more characteristics may make a person a victim of a hate crime. When this happens, victims have rights they can use to pursue justice. 

Types of Hate Crime Incidents

A hate crime can happen in countless ways. Nearly any criminal act motivated by hatred of a particular group could constitute a hate crime, depending on the circumstances. Common types of hate crime incidents include:

• Attacks at rallies or group gatherings
• Defacement or arson at churches, mosques, and temples
• Excessive force or brutality by police officers
• Shootings by other citizens or police shootings
• Domestic violence 
• Assault and battery
• Murder or attempted murder
• Medical malpractice motivated by prejudice

These examples show how dangerous it is to be the target of a hate crime. When motivated by hate, people can do terrible things. If you have been the victim of this type of crime, you have options to pursue compensation and to report the crime against you.

Hate Crime Legislation

Hate crime legislation exists at both the state and federal levels. In Pennsylvania, hate crimes are referred to as “ethnic intimidation” and are found in Title 18, Section 2710 of the Pennsylvania Code. A person commits the offense when, with malicious intention toward a person’s color, race, religion, or national origin, they commit certain crimes listed under the statute. It generally raises the level of the underlying offense by one degree when it is motivated by hate or prejudice. 

Several federal hate crime laws may apply to a specific offense. These include:

• The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009
• Criminal Interference with Right to Fair Housing
• Damage to Religious Property, Church Arson Prevention Act
• The COVID-19 Hate Crimes Act
• The Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 
• Conspiracy Against Rights
• Violent Interference with Federally Protected Rights

Understanding the unique applicability of these laws can be difficult without a knowledgeable attorney. A Philadelphia hate crime attorney knows how to apply these complex laws to your unique situation.

Hate Crime Statistics

According to the U.S. Department of Justice, hate crimes in Pennsylvania are a prevalent problem. In 2020, 58.2% of crimes occurred against a person, 40.7% occurred against property, and the remaining 1.1% were generally against society.

These crimes were primarily motivated by hatred of race, ethnicity, and ancestry, with 75.6% driven by these reasons. Religion and sexual orientation were the following highest motivators, at 15.9% and 6.1%, respectively. 

How Often Are Hate Crime Offenses Committed?

Hate crimes happen every day. Many hate crimes go unreported because victims do not know how to report the crime or feel they cannot do anything about it. LGBT hate crimes, religious hate crimes, and violent attacks against other groups are common, possibly many times higher than ever reported.

Ethnic minority groups often face significant discrimination and hate crimes. They often feel law enforcement or the government will do nothing to provide assistance. A skilled hate crime attorney in Philadelphia knows how to help.

What is the Criminal Sentence for a Hate Crime?

The criminal sentence for a hate crime depends on the nature of the underlying offense. In Pennsylvania, the hate crime statute typically raises the offense level by one if the underlying offense was perpetrated with a malicious purpose toward a protected group. This means a hate crime typically has more severe criminal sentences than the underlying offense without prejudicial motivation.

Federal law is even more complicated, but hate crimes may result in criminal sentences such as:

• Long prison sentences
• High fines and restitution to the victim
• Community service and probation supervision
• Registration in certain databases

The specific sentence a person may face will depend on their charges. Speak with a hate crimes attorney to understand the specifics of your case.

How to Report a Hate Crime

If you were the victim of a hate crime, you need to report it. Follow these steps:

• Call 911 immediately after the hate crime and report it.
• If the hate crime occurred in the past, contact local law enforcement and file a report.
• Speak to a hate crime attorney in Philadelphia for help.

By taking these steps, you can help protect your rights. Our attorneys can help you report the crime and pursue all your legal rights as the victim of a hate crime.

Here When You Need Legal Representation

We are here for you when you need legal help. Perpetrators of hate crimes should be held responsible, and you deserve the ability to seek justice. The Philadelphia hate crime attorneys at McEldrew Purtell have the experience and skill to help you handle this situation and pursue the full extent of your rights.

Contact us today to learn more about your rights and what we can do for you. 

Throughout your life, you may encounter many types of civil rights violations and discrimination. Discrimination is based on outdated or irrational beliefs that hold no basis in truth. Unfortunately, discriminatory events are common — more so than some people may be comfortable admitting. By recognizing discrimination and what is a violation of civil rights, we can take positive steps toward a more just society and protect those most at risk of injustice.

What Role Do Civil Rights Play in Implementing Civil Rights Laws?

Understanding the difference between civil liberties, civil rights, and human rights violations can be confusing. So, what is a violation of civil rights?

A civil right is a right or privilege that is enforceable. If another party interferes with your civil rights, you can take your civil rights violations case to court. Civil rights are legal provisions that have their basis in the idea of equality. 

Civil rights are not enshrined in the U.S. Constitution’s Bill of Rights. Civil liberties are. A civil liberty is a freedom shielded from state infringement. The Bill of Rights lists several civil liberties, such as:

• The right to free speech, First Amendment
• Freedom of religion, First Amendment
• The right to assemble, First Amendment

The law may take civil liberties away. However, before it can revoke your liberties, you must receive your due process rights, according to the Fourteenth Amendment.

The main difference between civil liberties and civil rights is that civil liberties are constitutional rights that protect you from government action, while civil rights stem from legislation and are positive rights the government should protect to ensure equality. 

Some civil rights are also considered civil liberties, such as the freedom of religion. The First Amendment and various legislative actions, such as the Religious Freedom Restoration Act of 1993 and the Civil Rights Act of 1964, protect your freedom of religion.

The main difference between a civil right and a human right is that civil rights stem from your country’s legal granting of that right. In contrast, human rights arise from your innate humanity, and no one has the right to take your human rights away.

Violations of civil rights can lead to legal action. If you believe your civil rights have been violated, a civil rights attorney can help. Your lawyer can help you lodge a civil rights complaint with the federal government via the Civil Rights Division.

Most Common Civil Rights Violations

There are many types of civil rights violations. However, the most common types of discrimination revolve around race, gender identity, national origin, disability status, and religion.

Other types of discrimination include employment discrimination, age discrimination, and discrimination based on pregnancy or parental status, which may all be committed by employment agencies or employers.

In some cases, discrimination can, unfortunately, be legal — for example, if a person discriminates against a class of persons that is not legally protected, such as people with green eyes.

You may encounter discrimination in many parts of daily life, including:

• During traffic stops
• In the education system
• In the corporate workplace
• In employment interviews

If you believe you have been a victim of discrimination, you should speak with an experienced lawyer. An attorney who is well-versed in civil rights and understands the different types of civil rights violations and their environments may be best suited to help you.

1. Discrimination Against People Based on Race

Everyone deserves to live their life with freedom from discrimination. Unfortunately, like many other types of discrimination, racial discrimination occurs far too often. 

Racial discrimination occurs when someone mistreats a person because they are associated with or have characteristics associated with a specific race. These characteristics may include skin color, facial features, or hair texture. 

Someone who is the same color as the victim can still commit an act of racial discrimination. For example, an employer discriminates if they refuse to hire the best candidate due to skin tone, even if the employer has the same skin tone as the candidate.

2. Discrimination in Employment Based on Gender Identity 

Gender discrimination also occurs in employment environments. In 2020, the Supreme Court issued a landmark ruling, holding that the Civil Rights Act of 1964’s prohibition against sex discrimination includes an individual’s transgender status or sexual orientation.

Employers are not allowed to introduce gender discrimination into the workplace. As of 2020, discriminating against a person’s sexual orientation or transgender status is also prohibited.

3. Discrimination in Education Based on National Origin

National origin was one of the civil rights issues government officials enshrined in the Civil Rights Act of 1964. 

Discrimination against national origin applies to schools and higher education that receive financial assistance and funding from federal agencies such as the Department of Education. 

The caveat is that if the school does not receive federal funding, these protections will not apply to them. 

4. Discrimination Against People With Disabilities

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. It guarantees equal opportunities for people with disabilities in the following areas:

• Telecommunications
• State and local government services
• Public accommodation
• Transportation
• Employment

ADA Title I: Employment pertains to employer discrimination in work-related activities, such as pay, hiring, firing, promotions, and benefits.

ADA Title II: Public Services pertains to discrimination in state and local government activities, programs, and services.

5. Intentional Discrimination on the Basis of Religion

Section 12 of the U.S. Equal Employment Opportunity Commission (EEOC) protects people from discrimination based on their religion. It applies to the following:

• EEOC staff
• Lawyers
• Applicants
• Employees
• Employers

Patterns of discrimination may include the following:

• Treating applicants differently
• Taking adverse action based on the knowledge or suspicion of someone’s religious beliefs
• Intentionally classifying, segregating, or limiting employees based on religion
• Harassing employees based on their religious beliefs

Have Your Rights Been Violated? Talk With Us Today!

You are not alone if you have encountered these types of civil rights violations. We must fight against corporations and institutions that continue to perpetuate the outdated beliefs their discrimination is based on. Many organizations may be violating the law with their discriminatory actions.

Taking action against discrimination can feel like an uphill battle. Fortunately, you do not have to take on this battle alone. An experienced and savvy civil rights lawyer can help you with your claim. The legal team at McEldrew Purtell is ready to help you in the fight for justice and equality. Contact us today to discuss your case.

The laws of the United States grant fundamental freedoms and protections to all American citizens. These rights, known as civil rights, include equal protection under the law and due process. Civil rights have expanded over the years and are present at the local, state, and federal levels of government.

Despite their importance, many people have been victims of civil rights violations. A violation of your civil rights can occur from a fellow citizen, an employer, or a public official. Some examples of civil rights violations include discrimination against persons with disabilities, sexual harassment, and wrongful conviction.

You may have a legal claim if you have suffered a civil rights violation. However, understanding the statute of limitations on civil rights violations is crucial for the success of your case.

What Is a Statute of Limitations?

A statute of limitations places a time limit on when a party may initiate a lawsuit. Depending on the type of claim and jurisdiction, statutes of limitations have wide variance. Some causes of action have additional requirements, such as filing a claim with a government agency within a certain period before filing suit.

Failing to adhere to an applicable statute of limitations can lead to barred claims and victims being unable to receive remedies for their damages. For this reason, you should contact an attorney immediately if you want to pursue legal action. 

Understanding the Statute of Limitations Under Civil Rights Laws

The civil rights violation statute of limitations can be complicated to determine. Unlike some other types of claims, many factors can affect the time a plaintiff has to file a civil rights claim. These factors include the type of claim, the jurisdiction, and the requirements to take legal action. 

Type of Claim

The statute of limitations for your civil rights violation will depend on the type of claim you want to file. 

If a government official violates one of your constitutional rights, you can file a Section 1983 lawsuit. For example, you can bring a Section 1983 claim when a local police officer violates your Fourth Amendment rights by arresting you without probable cause. Although there is no specific statute of violations for these claims, courts must apply the one from the most analogous state law (generally three years). 

The federal government enacted the Civil Rights Act of 1991 to protect job applicants and employees from discrimination based on race, sexual orientation, religion, color, or national origin. If you have an eligible workplace discrimination claim, you have four years from the date of the violation to file a suit.

The statute of limitations for different civil rights claims can sometimes vary at the state level. For example, in Pennsylvania, you have:

• Two years to file a court claim if your complaint for workplace discrimination with the Pennsylvania Human Resources Commission (PHRC) is dismissed
• Two years to file a sexual assault claim if you were over 18 at the time of the incident or 12 years after turning 18 if you were under 18 at the time of the abuse
• Two years to file a lawsuit for wrongful conviction due to official misconduct

State Jurisdiction

The time you have to file a civil rights lawsuit depends on the applicable jurisdiction. Every state has laws encompassing civil rights claims, and the statute of limitations can vary significantly for the same violation. Some examples of different statutes of limitations for common civil rights violations include:

• Employment discrimination: One year in California versus 300 days in Illinois
• Sexual assault (for adults): Four years in Nebraska versus one year in Kentucky
• False imprisonment: Two years in Virginia versus one year in Arizona
• State jurisdiction remains relevant for some federal statute of limitations civil rights. As mentioned earlier, the statute of limitations for a Section 1983 claim will depend on the appropriate state law that governs the claim. For example, if you want to file a Section 1983 lawsuit against a Pennsylvania police officer for excessive force resulting in physical and emotional harm, the statute of limitations would be two years.

Requirements to Take Legal Action

Depending on the type of claim and the jurisdiction, you may have to fulfill requirements before filing your civil action. These requirements can impact the statute of limitations for your civil rights claim. 

Many states require employees with workplace discrimination claims to file a claim with a government employment agency before seeking redress in the courts. In Pennsylvania, workers can file discrimination claims with the PHRC or the federal Equal Employment Opportunity Commission (EEOC). Employees have 180 days from the violation to file their claim with the PHRC, while the filing deadline for the EEOC is generally 300 days. 

How Are Damages Calculated in Civil Rights Lawsuits?

If a court determines that you were the victim of a civil rights violation, you may be entitled to recover damages from the defendant. The types of damages available in a civil rights lawsuit include compensatory damages, punitive damages, and injunctive relief. 

Compensatory damages, also known as monetary damages, cover the actual economic losses from the violation. These damages can include compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Attorney’s fees

In some cases, punitive damages can also be recovered by the victim. Punitive damages are additional compensatory damages that punish the defendant for committing the violation. These damages are recoverable where the wrongdoer acted with malice or reckless indifference to the plaintiff’s rights. 

Defendants in civil rights lawsuits often use immunities as a defense against the plaintiff’s claims. The most common immunity defense is qualified immunity. Qualified immunity is given to officials like police officers if they acted reasonably under the circumstances and did not violate the victim’s civil rights. 

Our Civil Rights Attorneys Have Your Best Interest

If you have been the victim of a civil rights violation, you must act quickly and consult a civil rights attorney to ensure your claim falls within the period of a civil rights statute of limitations. At McEldrew Purtell, our experienced civil rights lawyers can help you receive the compensation you deserve and restore your dignity. Contact us today for a free consultation to discuss your case.