Is it legal if I had life threatening injuries and concussion as i was trapped in vehicle, but the police officer interrogated me anyway?

UPDATED: Jun 11, 2014

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Is it legal if I had life threatening injuries and concussion as i was trapped in vehicle, but the police officer interrogated me anyway?

Asked on June 11, 2014 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing that says that the police cannot interrogate an injured person; and moreover, the police may not have even known the extent of your injuries at that moment.

That said, if they used any statements you made at the time against you, you may be able to get them thrown out on the basis of either or both 1) you were not competent (due to the concussion) to understand your rights and give a statement; and/or 2) you were under duress (improper pressure) because the circumstances could have led you to believe that you would only receive care/treatment once you spoke to the police.

And if any delay in the police extricating you from the vehicle or otherwise providing treatment exacerbated your injuries or caused you additional harm or medical expense, you may have grounds to sue the police and the employer (city, county, or state) for your additional injuries and costs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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