False imprisonment happens when someone unlawfully restricts another person’s ability to move freely. This guide explains what constitutes false imprisonment and why consulting with experienced legal counsel is crucial if you believe you’ve been a victim. If you think you have been falsely imprisoned, you may want to speak to false imprisonment lawyers to understand your rights.
What is false imprisonment?
False imprisonment is when someone unlawfully restricts another person’s freedom of movement. The restriction may be physical, verbal, or implied through threats.
To be considered false imprisonment, the detention must be intentional and without legal justification, and the person detained didn’t consent to it.
Here are the elements of a false imprisonment claim:
- Confinement. The person must be confined or have their movement restricted, whether it’s through physical barriers, threats, or an assertion of authority.
- Unlawfulness. The detention must be unlawful, meaning there’s no legal reason or consent for the person to be held.
False Imprisonment vs. False Arrest
False arrest is actually a type of false imprisonment. The difference is that false arrest involves law enforcement, or someone who seems to have legal authority.
So, false arrest happens when someone is illegally detained by a person acting in an official capacity (like a cop).
Even though they’re different, the main thing is that both involve someone being held against their will.
Damages and seeking legal counsel
If you’ve been falsely imprisoned, you may be entitled to compensation for the harm you’ve suffered.
Potential damages in false imprisonment cases
Victims of false imprisonment may be compensated for emotional distress, psychological trauma, lost wages, and other damages. Keeping thorough records related to the incident is a good idea, as it may strengthen your claim.
Why you need a lawyer
A lawyer who’s experienced in this area of the law can assess the validity of your claim and guide you through the legal process. Many lawyers offer free initial consultations, so you can discuss your case and learn more about your options without any financial risk.
Conclusion
False imprisonment is a serious violation of your personal freedom, and you may have the right to take legal action.
If you think you’ve been falsely imprisoned, it’s critical to speak with an attorney to understand your rights and explore your options. A lawyer specializing in false imprisonment cases can explain the law and help you decide what steps to take next.