Claims of victimization by the police have soared over the years in New York. Most victims hardly understand the law and what it entails to file a lawsuit. In this big city, you have to move with speed once victimized. After being physically assaulted by a law enforcer, you should do the following:
Notice of Claim
The first step is to file a Notice of Claim with the NYC Comptroller’s Office. You should file the claim within ninety days of the incident. You have up to three years to file your federal claims. Your attorney needs to meet these deadlines. Otherwise, you won’t pursue the case or receive any compensation.
Summons and Complaint
Once your attorney has filed for a Notice of Claim, what follows is to submit the Summons and Complaint to the court. The Summon requires the defendants to respond to your allegations, while the Complaint states which laws have been violated and demands that the defendant file an answer regarding your Complaint within 20 – 30 days.
Discovery – Swapping Information
After submitting the required documents, the next step is the discovery phase. It can last for several months. Plaintiffs and the Defendants have legal rights to request information and documents from one another to help during settlement negotiations or in the trial.
Some of the information required may include employment records, medical records for treatment for injuries caused by the liable party and tax returns to help determine what has been lost as a result of the misconduct. During this time, attorneys may question witnesses during depositions or EBTs (Examinations Before Trial).
It is essential to have an experienced attorney to ensure they review and prepare the documents and question witnesses appropriately to build a good case.
A motion requests the court to rule on certain aspects of the case. It can take place before, during, or after the discovery process and may involve whether certain evidence should be used or not. Filing a motion is technical and requires a knowledgeable New York police brutality lawyer who has what it takes to win your case.
Most misconduct cases by law enforcement officials wind up in a settlement that usually involves monetary compensation. The parties settle for a binding agreement in such instances and agree to do away with the lawsuit. The attorneys involved with the case factor in its severity, evidence attained, and other factors before agreeing on the settlement.
In cases where both parties refuse to agree to a settlement, the matter is then taken to the trial stage. A selected Jury observes the case impartially during the trial to develop the right verdict. A trial involves opening statements from both legal representatives, questioning witnesses, and closing statements from the representing attorneys. The jury deliberates over the case to come up with a final verdict, announced by the Judge.
Understanding the bolts and nuts of filing a lawsuit is quite technical. Therefore, you need to contact a reputable and experienced attorney who will guide you on the legal issue and be by your side during such cases.