When someone is harmed while participating in a protest, it can feel overwhelming to decide what steps to take next. As a Raleigh, NC personal injury lawyer, we believe people should know their rights, even in volatile situations.
When Protests Lead To Injuries
Protests carry inherent risks: crowd surges, clashes with law enforcement, or third‑party conduct. If you’re injured because someone acted negligently, or even intentionally, you may have a claim. But the environment introduces unique challenges: identifying the proper defendant, proving fault despite chaos, and dealing with immunity defenses.
Potential Defendants In Protest Injuries
Those you might hold accountable include:
- Government entities or law enforcement (though they often argue for qualified immunity)
- Private individuals who acted negligently or violently
- Organizers or property owners (if their actions or omissions contributed)
In protest cases, those immunity defenses are more common than in standard accidents. We look at which parties had control, who had a duty to act, and whether the force used was justified under the law.
Collecting Evidence Under Stress
Protests can make evidence collection harder. Immediately following your injury, you should: Always attempt to get photos, video, or recordings of the incident, especially from witnesses. Take down witness names and contact info, especially if they have photo or video evidence of the incident. However, before taking any other action, evaluate your injuries and seek medical attention immediately if necessary. Because protests often happen quickly and under tension, capturing relevant data early is critical.
Statutes Of Limitations And Timeliness
It is always important to understand the statutes of limitations for personal injury claims. In North Carolina, you generally have three years from the date of injury to file a personal injury claim. If your injury occurs during a protest, that clock still starts ticking at the moment of harm. Missing that deadline often results in your claim being dismissed, regardless of merit.
Challenges Specific To Protest Injuries
Certain issues crop up more in these cases:
- Immunity defenses: Law enforcement or government actors may claim that their actions were lawful or protected.
- Public policy arguments: Defendants may argue that recognizing the claim would discourage public demonstrations.
- Attribution problems: In a chaotic crowd, it can be hard to show exactly who caused your injury.
- Consent or assumption of risk: Some may argue that protest participants accepted risk; courts rarely fully accept that in serious injury cases, but it can complicate the defense.
Given these hurdles, your legal team must build a strong factual narrative and anticipate defensive arguments.
Claim Outcomes In Practice
While no two cases are identical, past results can give perspective. In one case, the jury awarded $500,000 after trial under Burton Law Firm’s representation. In another, our client accepted a $100,000 settlement in his Raleigh personal injury matter. These outcomes show what is achievable, even in challenging claims. We are able to handle a variety of personal injury claims, and are always happy to help.
If you or a loved one was injured during a protest, you do not have to face the legal process alone. Time is of the essence in filing a strong claim. Let us help gather evidence, evaluate your options, and pursue justice. Reach out to Burton Law Firm to discuss your case today.