What should you do if you have been falsely arrested? Call Jason Steinberger immediately. If you have been the victim of a false arrest in Bronx County, there are several things you need to be mindful of. Most importantly, what can you sue for? How are damages calculated? When do I have to file?
What Can You Sue For?
The answer is always money. You cannot sue for an apology and no one lawsuit will ever make the New York City Police Department stop making false arrests and moving forward on malicious prosecutions.
When suing for money in the Bronx, you need to allege what is called a Cause of Action. The most popular causes of action Bronx lawsuits against the NYPD are False Arrest, Malicious Prosecution, and Police Brutality.
What is the Difference between a Bronx False Arrest lawsuit and a Bronx Malicious Prosecution case? While both involve suing the NYPD for police misconduct that landed you in jail, the damages, or the money that will be paid to you is calculated differently. Successful False Arrest cases compensate a person for all the damages that he or she has experienced from the moment of the detention until the time when he or she sees a judge. Malicious Prosecution cases compensate a victim of false arrest for all the damages he or she suffered the moment when he or she sees a judge to the moment of release from incarceration.
What are damages? Damages are the injuries a person sustains when they have been falsely arrested, maliciously prosecuted, or assaulted by the by police. The most common types of damages alleged are: deprivation of liberty, severe emotional distress, physical injuries related to the arrest and/or detention, lost wages, and loss of consortium.
Most lawsuits brought against the City of New York, New York City Police Department, and Arresting Police Officers allege both False Arrest and Malicious Prosecution because you can be compensated for the damages suffered from the moment of the false arrest to the time a person is arraigned AND for all damages suffered after and beyond too.
False Arrest & Police Brutality
If you have been falsely arrested in the Bronx by members of the New York City Police Department, you need to file what is called a Notice of Claim. For a Bronx False Arrest case, the Notice of Claim must be filed 90 days from the date of the INCIDENT. Most people, even attorneys that do not handle False Arrest cases, think it’s 90 days from the date of the dismissal, but that is wrong. You only have 90 days from the date of the incident. Jason Steinberger is always ready to meet with a potential client, discuss the case, and start the lawsuit, EVEN BEFORE IT’S DISMISSED.
In order to preserve your Bronx lawsuit against the NYPD and City of New York for Malicious Prosecution, you must file the Notice of Claim within 90 days from the date of DISMISSAL. Be mindful that if you were released from arraignment, meaning that you spent no time in jail after arraignment and did not hire a lawyer, you will most likely not have a successful Malicious Prosecution. In that situation, you will most likely ONLY have a False Arrest case and the Notice of Claim must be filed within 90 days from the date of the incident.