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Frequently Asked Questions

EXCESSIVE FORCE LAWSUIT FAQS

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Excessive force by law enforcement can result in serious physical injuries, emotional trauma, and a deep sense of injustice. If you’ve been a victim of excessive force by the NYPD, it’s crucial to take immediate action to protect your rights.

Let one of our experienced civil rights attorneys guide you through the legal process and help you obtain the compensation and justice you deserve. The aftermath of such incidents can be incredibly overwhelming, especially when dealing with the complexities of holding law enforcement accountable.

With our 30+ years of experience handling excessive force and civil rights cases in the Bronx, we understand that you probably have many questions. Rest assured, our lawyers are highly skilled in managing claims involving police misconduct, including cases of "excessive force," "unlawful detainment," and "violation of civil rights."

Here are the 5 most common questions our clients ask us.

1. Can I file a lawsuit if I’ve been a victim of excessive force by the NYPD?

2. What evidence do I need to prove excessive force by the police?

3. How long do I have to file an excessive force lawsuit in New York?

4. Can I sue the police department or just the officer involved in the excessive force incident?

5. What types of compensation can I recover in an excessive force lawsuit?

1. Can I file a lawsuit if I’ve been a victim of excessive force by the NYPD?

Yes, if you were subjected to excessive force by a police officer, you have the right to file a lawsuit. Police officers are only allowed to use the amount of force that is necessary under the circumstances. If they used more force than was reasonable, you can hold them accountable for violating your civil rights.

2. What evidence do I need to prove excessive force by the police?

To prove excessive force, you’ll need evidence such as medical records showing injuries, photographs or video of the incident, witness statements, police reports, and expert testimony. Gathering this evidence as soon as possible is important for building a strong case against the officers and the department involved.

3. How long do I have to file an excessive force lawsuit in New York?

In New York, you generally have three years to file an excessive force lawsuit. However, if your claim is against the NYPD, you must first file a notice of claim within 90 days of the incident. Missing these deadlines could bar you from seeking compensation, so it’s important to act quickly.

4. Can I sue the police department or just the officer involved in the excessive force incident?

You can sue both the officer who used excessive force and the NYPD. Your lawsuit might also name the City of New York if the department failed to properly train or supervise the officer. Holding the police department accountable can help address systemic issues and prevent future misconduct.

5. What types of compensation can I recover in an excessive force lawsuit?

In an excessive force lawsuit, you may recover compensation for medical expenses, pain and suffering, emotional distress, lost wages, damage to your reputation, and legal fees. In some cases, you may also be awarded punitive damages, which are designed to punish the officer for egregious misconduct.

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