Can I Sue for a Handcuff Injury?

You may be able to successfully sue the police for a handcuff injury. The success of your lawsuit will depend on the specific facts of your case. This article discusses the elements of a successful handcuff injury claim.

If you want to sue the NYPD for a handcuff injury, contact Cody Warner, P.C. for a free consultation. We are NYC criminal defense lawyers who sue the police when our clients rights are violated.

The Legal Theory Behind Suing for a Handcuff Injury

If you sue the police for a handcuff injury, the legal theory of the lawsuit is “excessive force.” Also known as police brutality, excessive force occurs when the police use unreasonable force to make an arrest.

An excessive force claim argues that the police violated a person’s 4^th Amendment right against unreasonable searches and seizures.

One of the most important factors in a handcuff injury case is whether you put the police on notice that the handcuffs were too tight. If you didn’t, then you will likely not win your excessive force claim. On the other hand, if you told the police that the cuffs were too tight yet the police did not loosen them, then you may have a strong claim.

How to Sue for a Handcuff Injury

If you want to sue the police for a handcuff injury, the first step is to retain a police brutality lawyer.

In some jurisdictions, you must file a notice of a claim with the government before you can file a lawsuit. In New York City, you must file a notice of claim within ninety days of the incident.

After your notice of claim is filed, you can then file a lawsuit. In New York, you must first participate in a 50h hearing before you can file a lawsuit. A 50h hearing is a proceeding where a lawyer for the city will ask you questions about the incident.

After you file a lawsuit, you can either take the case to trial or settle. Lawsuits can take many years, so oftentimes people want a quick settlement. However, if the settlement offer is not reasonable, then you can decide to push the case all the way to trial. At trial, a jury will decide whether the police are liable, and they will decide how much compensation you deserve.

Handcuff Injury Payouts

The payout you can get for a handcuff injury is dependent on your degree of injury. Also, your payout depends on whether you take an early settlement or go to trial. Settlement figures are typically less than jury verdicts. However, settlements guarantee you money, and you get the money much sooner than if you go to trial.

If your handcuff injury resulted in only red marks or cuts, you will likely get a very low five figure payout.

If you lost feeling in your arm because of pinched nerves, your payout could be much higher. If you had to receive physical therapy or surgery to regain feeling or mobility in your arm, you could receive a six-figure payout.

Of course, the police sometimes violate your rights in more than one way. For instance, if the handcuffs caused you injury, and the police didn’t have probable cause to arrest you, then you may have a false arrest claim. The worth of a false arrest case depends on how long you were in jail. Nevertheless, if you have a false arrest claim in addition to a handcuff injury claim, your total payout will be higher.

Need Help?

If you suffered a handcuff injury in New York City, contact Cody Warner, P.C. for a free consultation. We can assess your claim and help you sue the NYPD to get you justice.