Can I Sue for Involuntary Commitment? | Your Legal Rights Explained

Being involuntarily committed to a mental health facility is a serious and often traumatic event. Whether it happened through the Baker Act in Florida or a similar law in another state, many people wonder: “Can I sue for involuntary commitment?”

The answer is yes—but only under specific circumstances. In this article, we’ll walk you through your legal options, the circumstances that may justify a lawsuit, and how to seek justice if your rights were violated.

 

 

What Is Involuntary Commitment?

Involuntary commitment refers to the legal process of placing a person in a psychiatric facility without their consent. It’s usually done when someone is considered a danger to themselves or others due to a mental illness.

Each state has its own laws for this process. In Florida, for example, the Baker Act allows for involuntary examination and detention under strict conditions. Similar laws exist across the U.S.

In theory, these laws are meant to protect individuals and the public. But in reality, mistakes frequently happen—sometimes with devastating consequences.

 

Can You Sue for Being Involuntarily Committed?

Yes, if your rights were violated.

Being committed involuntarily is not, by itself, illegal. However, if the process was flawed, unnecessary, or done with malicious intent, you may have grounds for a lawsuit.

You may be able to sue if:

• You were committed without proper cause or evaluation

• Your constitutional rights were violated.

• The facility or staff used excessive force or neglect.

• You were held longer than legally permissible

• You were misdiagnosed, or your records were falsified.

• The commitment was based on false information or fraud.

 

• You were held for the purposes of committing insurance or billing fraud.

In many cases, people are committed due to misunderstandings, family disputes, or errors by law enforcement or mental health professionals. If the commitment was wrongful, you may have the right to pursue legal action.

 

Legal Grounds for a Lawsuit

To successfully sue for wrongful involuntary commitment, your attorney may base your case on one or more of the following legal claims:

1. False Imprisonment

If you were held without proper legal authority, this could qualify as false imprisonment. This applies when the commitment lacked probable cause or didn’t follow due process. Similarly, if you were held without the proper initiation of an involuntary examination, or kept after the statutory expiration of the time permitted for an involuntary examination without the filing of a petition for involuntary placement, you may have been falsely imprisoned.

2. Medical Malpractice

Mental health professionals who misdiagnose a condition or fail to meet the standard of care could be held liable under malpractice laws.

3. Violation of Civil Rights

You may also be able to file a civil rights lawsuit under 42 U.S.C § 1983 if a government official violated your Constitutional rights.

4. Defamation or Abuse of Process

If someone intentionally made false claims to get you committed—such as a former partner, employer, or family member—you may have a case for false imprisonment, defamation, or malicious prosecution.

 

Statute of Limitations

Every state has a statute of limitations, which is a time limit for filing a claim. In Florida, for example, claims related to civil rights violations and personal injury typically must be filed within 2 to 4 years.

The clock starts ticking from the date of the wrongful act, so it’s important to speak with an attorney as soon as possible.

 

What to Do If You Were Wrongfully Committed

If you believe your involuntary commitment was illegal or unjustified, take the following steps:

1. Request your medical records – You have a legal right to access them.

2. Write down everything – Include dates, names, and what happened.

3. Gather witness statements from friends, family, or anyone who witnessed the events unfold.

4. Contact a mental health attorney – Don’t wait. Early action strengthens your case.

At Thoele Drach, we specialize in Baker Act and mental health law. We offer consultations for individuals that are detained under the Baker Act and will help you understand your legal options.

 

Compensation You May Be Entitled To

If your lawsuit is successful, you may be eligible to receive:

• Medical expenses

• Pain and suffering

• Emotional distress

• Loss of income

• Punitive damages

Every case is unique, and compensation varies depending on the specific circumstances and available evidence.

 

Why Choose Thoele Drach?

Navigating the legal system after a wrongful commitment can be overwhelming. At Thoele Drach, our experienced attorneys handle mental health law, civil rights cases, and Baker Act defense with compassion and skill.

We’ve helped countless clients regain control of their lives after unfair treatment. 

Final Thoughts

So, can you sue for involuntary commitment? Yes—but only when your rights were clearly violated. You’ll need the support of a skilled legal team to gather evidence, evaluate your case, and pursue justice.

Don’t let a wrongful commitment go unanswered. You deserve to be heard.

 Learn more about how we help with the Baker Act and mental health law.

 Additional Resource:

For a deeper dive into your rights, visit the American Civil Liberties Union (ACLU) for more information on involuntary commitment laws nationwide.

Need Help? We’re Ready to Fight for You.

Contact Thoele Drach today for a free and confidential consultation. We’ll help you determine if you have a case and what steps to take next.