How to Sue a Police Department
Victims of police brutality have the right sue a police department. Here’s what you need to know.
Damages in a Police Misconduct Lawsuit
Victims who sue a police department can recover significant compensation for the harms that they have sustained such as compensation for pain & suffering, emotional trauma, economic damages such as medical bills, lost wages & loss of future earning capacity.
In certain cases, punitive damages may be available to punish the police for wrongdoing.
Filing the Police Lawsuit
If you are interested in suing a police department, you must act quickly. An investigation must be conducted. Evidence must be preserved. Witnesses must be interviewed. Your rights must be protected. It is advisable to immediately consult an attorney. Many legal steps must be taken promptly when suing a police department.
- Notice of Claim: For cases against a municipality such as the City of New York you will be required to file a Notice of Claim within ninety (90) days of the occurrence. For Federal claims, you must file a claim in writing within two years after the tort, accident or injury.
- 50-h Hearing: For cases against a municipality such as the City of New York you will be required to attend a municipal hearing.
- Summons & Complaint: The next step after filing a Notice of Claim and attending a municipal hearing is to file a lawsuit. A lawsuit is commenced by filing a Summons & Complaint. The Summons gives the defendant notice that they are being sued. The Complaint sets forth the allegations being alleged. Typically the lawsuit must be filed within one (1) year and ninety (90) days of the occurrence.
- Defendant’s Answer: The attorneys for the defendant will put in an Answer whereby they admit or deny the allegations in the Complaint. The defendant will also request a Bill of Particulars.
- Bill of Particulars: The Bill of Particulars is a legal document which sets forth all the details of the claim such the date, time, location of the occurrence, specific acts of negligence, as well as the specific injuries and damages being claimed.
- Examination Before Trial: An Examination Before Trial, also called a deposition, is an oral examination whereby the attorneys for the defendant question you about the underlying facts and circumstances of your claim as well as your specific injuries.
- Defendant’s Physical Examination: Thereafter the defendant’s attorneys have the right, if they choose, to conduct a physical examination of you to assess the nature and extent of the injuries being claimed.
- Trial: Once all this is done, we are ready to try this case.
Speak with a Cop Accountability Lawyer
It is important to remember that when you sue a police department, there’s a good chance that your case will be settled. The attorneys at Greenstein & Milbauer, LLP have extensive experience negotiating settlements in both police misconduct cases and they will work vigorously to resolve your case.
If you are considering suing a police department, you should immediately contact the skilled and experienced New York City Police Brutality attorneys at Greenstein & Milbauer, LLP.
The New York City Police Brutality attorneys at Greenstein & Milbauer, LLP are committed to holding the police accountable and will not hesitate to sue a police department. Our firm’s motto is “Don’t Be A Victim Twice”. If you are considering suing a police department, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful. That’s our “Our Fee Guarantee – No Fee Unless Successful. We are the cop accountability law firm. We will sue police departments and hold them accountable!