Can I file a personal injury lawsuit? 1 Answers as of June 03, 2011

I was charged with being a felon in possession of a firearm by the federal government and unlawful use of a weapon by the state of Missouri. I was found not guilty on the federal charge and missouri dismissed the unlawful use. On the night in question I was shot in the face. Can I file a lawsuit.

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
It all depends on what happened. In a standard tort lawsuit, there must be negligence by someone. For the tort of assault, you must show that the injury was intentional. The problem is that the state and other government officials often have immunity from suit. So if it was an officer that shot you, you may wish to handle things differently. If you were injured by an officer, you can file a Section 1983 action in federal court. For a 1983 case you must show that the officer violated one of your constitutional rights. Without knowing more details it is impossible to tell you anything more. If you have further questions, please feel free to contact my office.
Answer Applies to: Missouri
Replied: 6/3/2011
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