Police officers have a tough job and, more often than not, they do it very well. Sometimes, however, an officer will cross a line and use excessive force. When this happens, people are needlessly injured. If you have been injured because a police officer used unwarranted and excessive force, Attorney Michael LoGiudice is here to tell you that you have legal options to recover compensation for your injuries. Attorney LoGiudice is the New York personal injury you want by your side for zealous advocacy and unrelenting support.
Can You Sue the Police in New York?
Yes, you can file a civil lawsuit against law enforcement agencies for police misconduct or police brutality including:
These types of things can lead to serious and sometimes fatal injuries and, while New York police officers are authorized to use force, this authority is not limitless. Officers are expected to only exercise the level of force reasonably necessary to arrest, detain, or contain a situation. Going beyond the use of reasonable force puts others at risk of unreasonable harm and is tantamount to police brutality. This type of action will open up a law enforcement agency to a personal injury claim.
To file a claim against a law enforcement agency, you must follow the very strict and the very specific requirements of New York General Municipal Law. Failure to comply with these requirements may lead to your claim being barred as a matter of law. When you are filing a claim against a government entity in New York, you are required to give prompt notice of your claim and you are not given very much time to do this. In fact, you must serve your Notice of Claim on the government agency within 90 days of the incident upon which your claim is based.
The Notice of Claim must contain all information required by municipal law which includes details of the incident and details regarding any injuries you sustained. You must serve the Notice of Claim by personal delivery or registered certified mail. You must serve the specific person who is designated by law to receive a summons in Supreme Court actions or an attorney who is regularly engaged in representing public corporations.
In addition to the 90-day time limit on serving your Notice of Claim, there is another significant time limit. You have one year and 90 days from the date of the incident upon which your claim is based to file a lawsuit. The major takeaway from all this is that time is of the essence. If you think you may have a claim against police for excessive force or police brutality, contact Attorney Michael LoGiudice immediately or you put your claim at risk.
New York Attorney Fighting for Those Unnecessarily Injured by Police
We all owe a duty to each other to avoid putting others at unnecessary risk of harm. The same is true of police officers in their professional capacity. There is a reason officers go through extensive training and it is, in part, so they know how to manage sometimes chaotic situations with a reasonable and necessary level of force. When an officer fails to do this, people can be seriously injured. If you have been injured by the police, contact Attorney Michael LoGiudice today. Time is of the essence when making claims against law enforcement. Don’t wait to get trusted legal representation by your side!