Frequently Asked Police Brutality Questions

Maryland, Virginia, & Washington, D.C.

• What should I do if I am injured by the police?
• Can I file a claim directly against the police department?
• Are there any time limits relating to when I can file a claim?
• Do I have a claim even if I broke the law?

What should I do if I am injured by the police?

You should call a lawyer who represents clients who have been victims of brutality cases. Very often, people who are injured by the police already have a criminal lawyer representing them in the criminal charges which gave rise to the contact with police. Their natural reaction is to discuss the police brutality with that criminal defense lawyer.

But a criminal defense lawyer does not usually specialize in personal injury law, and may not know much about the complexities of bringing a claim for police brutality. You can call our office at 202-659-8600 or 800-229-8384 anytime and get the name and phone number of the personal injury lawyer on call. Our personal injury lawyers are here to help you twenty-four hours a day, seven days a week.

Can I file a police brutality claim directly against the police department?

It depends on the circumstances. If your Federal or State constitutional rights have been violated, you can file a lawsuit against the officers who violated your rights. Then the State, County or City that employs that officer will usually pay any settlement or verdict.

If there has been a constitutional violation to which the police department’s policies, procedures, or practices contributed, you can sue the State, County or City directly, under Federal law. However, the law is different in each state and the District of Columbia, so consult with a personal injury lawyer to determine the type of claim you may have, and against whom it can be filed.

Are there any time limits relating to when I can file a claim?

Most jurisdictions have "notice requirements" which require that you put the State, County, or City on notice of your intent to file a claim. Usually, that means sending a letter by certified mail, return receipt requested, advising them of your claim, and providing detailed information. You must be able to prove that they received this notice before the deadline.

These notice requirements are usually much shorter than the standard statute of limitations, so it is important that you consult with a personal injury lawyer as soon as possible, to ensure that you preserve your claim.

Do I have a claim even if I broke the law?

Possibly. The police have an obligation to treat each of us with dignity and respect, and to honor our constitutional rights. Our constitutional rights include being free from excessive force and cruel and unusual punishment. So even if you broke the law, you may have a claim. Call or email your personal injury lawyer here at Chaikin, Sherman, Cammarata, & Siegel P.C. to discuss the facts and circumstances of your claim.

At Chaikin, Sherman, Cammarata, & Siegel P.C. in Washington D.C., we have experienced personal injury lawyers who can deal with cases involving police brutality. We can assess your situation, build a case for you, and assist you in obtaining full compensation for your injuries. We are here to help you twenty-four hours a day, seven days a week. At any time, you can call our offices in Washington, D.C. to get the name and phone number of the personal injury lawyer on call, and you can also email us to request a free and confidential consultation.

Print this page