Personal Injury Attorney Helping Individuals in the New York City Area
Police officers are required to protect citizens, and they are also legally authorized to use force in certain situations. If a police officer uses a level of force that is excessive under the circumstances, however, he or she is in violation of the law. Instances of police brutality involving needless harm to civilians are unacceptable, and victims may be entitled to compensation through a legal claim. Personal injury lawyer Nicholas Rose serves New York City residents and others who have been harmed by the excessive use of force. With over a decade of experience, Mr. Rose is skilled in the unique procedure and requirements for pursuing compensation for injuries caused by law enforcement.
Seeking Compensation for an Incident of Police Brutality
Victims of police brutality may be entitled to monetary compensation for their injuries. To prove a case of misconduct by law enforcement, a victim usually will be required to show that the force used against him or her during an incident was more than the minimum necessary force. The victim may have suffered excessive force in the form of a choke hold, or another restriction of breathing through pressure applied to his or her windpipe. Another example of police brutality includes an officer sitting or standing on a victim’s chest to gain compliance.
Citizens can potentially bring a police brutality lawsuit against a police department as well as an individual officer. Section 1983 of the Federal Civil Rights Act provides a right to be free from excessive force by law enforcement. Certain cases of police brutality may include negligence claims for battery, in which the plaintiff would demonstrate that the police officer had the intent to commit the act against him or her and used non-consensual contact that resulted in injuries. The evidence must also show that the incident proximately caused the victim’s harm. These injuries must be quantifiable and supported by sufficient evidence.
Procedurally, victims of excessive force must file a notice of claim with the appropriate agency within 90 days of the incident. Exceptions might apply in some circumstances, but it is best to improve the chances of being able to bring a lawsuit by promptly pursuing your claim. The notice of claim includes details of the incident and how the victim was injured. It must also be notarized by the plaintiff victim. This process differs from the statute of limitations for standard personal injury lawsuits involving negligence claims.
Injuries resulting from excessive force and police brutality may be very serious, including permanent brain damage and even a tragic death. In many situations, medical testimony may be critical to support the plaintiff’s claim, and photographs and maps of the area at issue may be used as demonstrative evidence of the incident. Victims of police brutality may be able to recover pain and suffering damages. Additionally, past and future lost earnings may be recovered, as well as past and future medical expenses.
Contact a Lawyer for a Civil Rights Claim in New York City or Beyond
Serving New York City residents and others, injury attorney Nicholas Rose understands the complex requirements of civil rights claims based on police brutality. He can represent victims in Brooklyn, the Bronx, Manhattan, Queens, and Staten Island, as well as residents of Suffolk, Nassau, and Westchester Counties. Call (877) 313- ROSE (7673) or use our online form to set up a free consultation.