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I want to know if my husband has a lawsuit

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My husband was assulared while he sleep by another inmate in rikers island..he suffer broken jaw and he 2 front teeth were knock out..my husband infrom me that there was no co that was watching the inmates...he also states that he was in drom with sick inmates and he is not sick.the captain have not came to speak with him and they also will not let him go to mental health to be elvaluated for trama..they tell him he is a big guy he








dont need to go what should I do
with. sick inmates and wasnt susp

Attorney Answers 9

Posted

Repost your question in the personal injury section of AVVO. Good luck.

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Posted

I have handled cases like this before... there are 2 possible legal theories. 1) did Riker's have notice that the other inmate had violent propensities? Did your husband complain about him before the attack? Had the person assaulted others before the attack? 2) The second, and harder theory, is that there was insufficient security. Your husband needs to serve a Notice of Claim on the City of New York within 90 days of the incident in order to preserve his right to sue.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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3 comments

Asker

Posted

would this be a case that you be interested in

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Please email me: Eric@RothsteinLawNY.com

Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

Right on point.

Posted

I changed the Tag for you.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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1 comment

Maria C. Tebano

Maria C. Tebano

Posted

Thank you. Sorry about the Flag.

Posted

This needs to go in the PI section.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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Posted

There may be liability on the part of the city.

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

You can contact our office Wednesday to discuss toll free 1-877-996-6849.

Posted

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 www.nyelderinjurylaw.com

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Posted

I think that you should retain a lawyer to preserve the right to sue. The lawyer will file a notice of claim, and then obtain records relating to the inmate that assaulted him.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Posted

Rothstein laid it out well.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Yes. Get a lawyer to file a notice of claim right away then examine the records via a FOIA request to determine whether they knew or should have known of the danger to your husband and failed to take precautions to protect him. They are responsible for inmates safety in their custody. Also you need the medical records showing the extent of your husband's injuries. Their failure to mitigate by having him examined in the jail may also be a critical factor. The case will probably be settled for a good amount once put into suit but it needs to be done right.

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