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Can my husband file a lawsuit for injury sustained at a NYS correctional facility?

Oneida, NY |

My husband was attacked and injured while in a correctional facility.He made security staff aware of the threat, they did not intervene and was subsequently was cut in the face. We are now seeking an attorney.

Attorney Answers 5


  1. Yes, but suing and winning are mutually independent. Be mindful of short filing and notice requirements. Try to find someone local and qualified. If that does not work then you can search the new York state trial lawyers or new York state academy of trial lawyers websites. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. You should immediately consult with an experienced NY personal injury/civil rights attorney as there are time constraints involved.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  3. The issue is whether DOCS was aware of the threat. If they were, your husband has a case. He needs to either file a Claim in the Court of Claims within 90 days of the incident or serve a Notice of Intention To File Claim (by the proper manner) on the Attorney General's Office within 90 days which will extend his time to sue for up to 2 years. How serious the cut is will dictate whether it makes sense for a lawyer to accept the case. The Court of Claims is generally not friendly to inmate claims. Consult a personal injury lawyer ASAP.

    I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.


  4. Avvo regulations do not permit attorneys to seek or accept solicitations. You can use Avvo to find an attorney near you or that will serve your interests. There is a cause of action for such injuries however, there is also a notice of claim requirement of 90 days and a one year and ninety day statute of limitations so don't delay in contacting an attorney.

    The answer to this question is for general purposes only and does not establish an attorney-client relationship, and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.


  5. Your husband needs to file Notice of Claim before any lawsuit can be initiated. See personal injury attorney as soon as possible.

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