Police have the responsibility to protect entire communities and neighborhoods. This places a lot of pressure on them that many other professionals do not experience. They are often placed in high-stress situations and may experience fear, stress, or other factors that can increase the chances of errors occurring.
When the police make a mistake, this could lead to dire consequences for others. If you were injured by the negligence of a police officer, you have two main options, sue or shrug it off.
Sue or Shrug It Off?
For instance, an officer could lose control while driving to catch a suspect and accidentally hit a pedestrian. When this happens, the victim is often in a state of shock and unsure of what to do next. After all, when you are hurt or in danger, your first thought is likely to call law enforcement. However, what if the police are the ones who injured you?
Fortunately, there are some things you can do to ensure that the police department is held responsible for your injuries or the damage to your property. If the incident happened in New York, the first thing you should do is to contact a local legal expert. It is best to act as soon as possible.
Can the Police Be Considered Negligent?
If you are injured by the police, the officer can be considered negligent even if they are protected by civil laws. Sometimes it is challenging to prove that the incident occurred by negligence. The legal system tends to be more lenient toward first responders.
When professional malpractice does occur, the police officer and their department can be held responsible. This sometimes shows up in wrongful death or personal injury lawsuits when the police use excessive force while on the job. Furthermore, an officer who hits someone with their service car can be deemed negligent as well. When this occurs, you can file a lawsuit to hold them liable for injuries and damages.
Is It Possible to Sue the NYPD?
To sue the NYPD, you will need to meet two crucial deadlines. You have 90 days from the day of the accident to file a report. When you are using a government agency in New York, you must also file a Notice of Claim with that agency within 90 days of the accident.
If you follow these steps properly, you have a year and 90 days from the accident to file a civil lawsuit. A lawsuit against the police department has a shorter statute of limitations than regular personal injury claims. This is intentional and is used as a way to protect government entities from receiving excessive lawsuits.
Do You Really Need an Attorney?
It is not mandatory to have an attorney when filing a lawsuit against the NYPD for traffic accidents. However, working with a legal expert is recommended. They will know how to handle the intricate details of a personal injury case. Also, proceedings will likely be more complicated when the police department is the defendant.
To win your case, you will need expert testimony. Retired police officers are often contacted for this purpose. You may also need accident reconstructions to clearly show the court why the defender is at fault for your injuries. This is why it is best not to handle this type of case on your own.
The Bottom Line
If you are hit by an NYPD police car, you should contact a car accident attorney in New York to help you navigate your case. Some of the requirements for receiving a settlement may be different than if you were hit by a civilian vehicle. This is why it is so important to have an experienced lawyer on your side who can explain the steps you need to take to receive the compensation you deserve for your injuries and damages.
Author:
Early in his journalism career, Kerry L. Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.