The facts you have outlined present a large number of issues, and it is difficult to begin to do them justice in this format. With that in mind, I will address the high points as follows: 1. It is essential that the criminal charges be successfully resolved with a dismissal or acquittal. A conviction or guilty plea, even to a lesser charge will likely destroy any claim and/or the value of that claim. 2. I am unaware of a statutory minimum amount of insurance coverage for municipal police department in Louisiana, but that is not likely the real issue in this matter as the amount you are likely to receive would probably be covered by any reasonable insurance policy. 3. Louisiana, unlike most, if not all other states, has appellate review of facts on appeal, including the quantum of damages awarded for personal injuries. There are published collections of summaries of these cases, so it is relatively quick and easy to at least determine the general range of possible judgment value for a given set of injuries in Louisiana compared to many other jurisdictions. The injuries you have described do not strike me as being likely to result in a particularly high value as the physical injuries are not long lasting, not largely disfiguring (with the exception of the scar on the chin), and generally of the sort from which recovery is fairly quick. 4. While damages amounts for damage to reputation, particularly for false arrest and defamation have increased over recent years, in Louisiana the numbers are still not that high, especially if the allegations do not involve a crime that is completely destructive of one's reputation. (i.e. awards for false accusations of sexual abuse, fraud, and a few other high profile type offenses) 5. The upshot is that the claim likely has a value beyond just the medicals, and not an insignificant value, but not a record setting value either. 6. Bear in mind that prevailing on civil rights claims against the police can be very difficult and take time to resolve. They have a surprising number of affirmative defenses available to them and will usually receive a vigorous defense. I am not telling you that your case is not worth pursuing, just that you should keep it in the proper perspective. 7. The claim will be harder to pursue if your husband has sued twice before on civil rights claims, even though the injuries were different. The defense will try, and may successfully paint him as a trouble maker who then seeks to profit from the situations he creates. If you do not have counsel already, I high recommend that you obtain counsel, preferably in the Washington Parish area to deal with the variety of issues present in the facts you have presented. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.
Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/
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