If you suffered injuries due to pepper spray use, you may find yourself wondering what comes next. Do you have the right to file a claim? Can you recover compensation for those damages? Eligibility for a pepper spray lawsuit can depend on several factors, including the damages you suffered and the force necessary in a given situation. Working with a lawyer can help you determine your next steps, including whether you can move forward with a pepper spray lawsuit and what compensation you could expect for your losses.

Harm From Pepper Spray Use

In determining eligibility for a pepper spray lawsuit, most parties, including insurance companies and lawyers, will start by considering whether you suffered harm directly because of the pepper spray use. Generally, injured parties will need to show medical documentation outlining the damages they suffered because of pepper spray. These damages can include:

• Eye irritation
• Skin irritation
• Allergic reactions

Damages serve as a critical element in most lawsuits, and personal injury suits rely on showing the harm caused by the liable party. It can prove difficult to file a claim without medical evidence of suffering related to pepper spray. Seeking medical attention for ongoing symptoms can prove crucial. Injured individuals should carefully review the damages they sustained as a result of the pepper spray use, including any medical costs needed to pay for treatment and the cost of lost wages due to an inability to work following a pepper spray incident.

Excessive Force

For most people, showing eligibility for a lawsuit involving pepper spray requires them to show the individual who sprayed them used excessive force. This may mean, for example, a law enforcement officer used pepper spray even though the individual was not resisting orders or did not commit a crime.

Excessive force can also be used in personal situations, such as when an individual decides to use pepper spray during a conflict that has not escalated past the verbal stage or during which there was no threat of physical harm. If pepper spray was not used with excessive force, the injured individual may not have the right to file a claim.

The Statute of Limitations

The final element in determining eligibility for a pepper spray lawsuit is the statute of limitations. Each state has its own statute of limitations governing the length of time an injured individual has to file a claim for the damages they suffered, usually between two and four years. Some states have a different statute of limitations for claims involving government workers, which may include the police. To file a claim, individuals who suffered injuries because of pepper spray use will need to begin the process before the applicable statute of limitations expires.

Contact a Lawyer to Discuss Whether You are Eligible to File a Pepper Spray Lawsuit

A pepper spray lawsuit can provide much-needed compensation for the damages resulting from improper pepper spray use or unexpected reaction to exposure. At AW Smith Law, we understand the many challenges following improper pepper spray use. Our dedicated attorneys could work with you to determine your eligibility for a pepper spray lawsuit and how you can best move forward with a claim. Contact us today to learn more.