New York Civil Rights & Criminal Defense Lawyers

At Sivin, Miller & Roche LLP, we understand the severe and sometimes life-altering consequences that can result from Taser injuries. Our dedicated legal team is committed to advocating for the rights of those harmed by the misuse or excessive use of Tasers by law enforcement or other entities in New York City. If you or a loved one has suffered from a Taser injury, you need a knowledgeable and experienced Taser injury lawyer to navigate the complexities of these unique cases.

What Consitutes a Taser Injury in NYC?

A Taser injury in New York City, as in other jurisdictions, refers to any harm or medical condition that results directly from the use of a Taser. These injuries can vary significantly in severity and may involve physical, neurological, or psychological effects. Understanding the scope and implications of Taser injuries is crucial for legal purposes, particularly when pursuing claims of excessive force or police misconduct.

Types of Taser Injuries

Physical Injuries

• Burns and Skin Damage: The point of contact where the Taser’s electrodes attach to the body can cause burn marks and damage the skin.
• Muscle Contractions: The electric shock can cause violent muscle contractions, which can lead to muscle tears, strains, or other soft tissue injuries.
• Head Injuries and Bone Fractures: If the person being tased falls uncontrollably, they can suffer from concussions, skull fractures, or other types of bone fractures due to the impact of the ground or surrounding objects.

Cardiac Complications

• Heart Attacks: The electrical discharge can interfere with the heart’s natural electrical systems, potentially leading to arrhythmias or cardiac arrest, especially in individuals with pre-existing heart conditions.

Neurological and Psychological Effects

• Seizures: The electrical shock can trigger neurological responses like seizures, especially in individuals with a history of neurological disorders.
• Mental Health Impact: Being subjected to a Taser shock can be a traumatic experience, potentially leading to psychological impacts such as post-traumatic stress disorder (PTSD), anxiety, or depression.

How a NYC Taser Injury Lawyer Can Help

At Sivin, Miller & Roche LLP, we recognize a Taser injury’s profound impact on an individual’s life. Our dedicated team of NYC Taser injury lawyers is equipped to provide comprehensive legal assistance to victims of such injuries, ensuring they receive the justice and compensation they deserve. Here’s how our legal team can help:

Experienced Legal Advice

Our experienced taser injury attorneys understand the complexities associated with Taser-related incidents. We offer experienced legal advice on the merits of your case, explaining your rights and the possible outcomes of your claim. We help you understand the legal landscape, including pertinent laws and regulations for Taser use and police conduct in New York City.

Thorough Investigation

Our firm conducts thorough investigations to gather all necessary evidence to support your case. This includes obtaining medical records that detail the extent of your injuries, security footage, witness statements, and police reports. We also work with medical experts and other specialists who can testify about the nature of your injuries and their long-term impact on your health and well-being.

Skilled Negotiation

Many Taser injury cases are settled out of court. Our skilled negotiators strive to secure a fair settlement covering all your damages, including medical expenses, lost wages, pain and suffering, and future care needs. We have a strong track record of negotiating with insurance companies and opposing counsel to ensure our clients receive the compensation they deserve.

Aggressive Representation in Court

Our capable litigators are prepared to take your case to trial if a satisfactory settlement cannot be reached. We are committed to advocating vigorously on your behalf in court. Our police brutality attorneys are well-versed in the strategies needed to present a compelling case to a jury, ensuring your story is heard and understood.

Personalized Attention

We believe that every client deserves personalized attention. We take the time to listen to your story, understand your objectives, and keep you informed throughout the legal process. Our firm prides itself on being accessible to our clients whenever they need us, ensuring that you feel supported every step.

No Upfront Costs

At Sivin, Miller & Roche LLP, we operate on a contingency fee basis, which means you pay no upfront costs. We only get paid if we win your case. This arrangement allows you to pursue justice without the burden of financial stress.

What Are Tasers?

Tasers are devices commonly used by law enforcement to subdue individuals by delivering a high-voltage, low-amperage electrical charge. These charges can incapacitate a person by temporarily disrupting their voluntary muscle control. Tasers are considered a type of “less-lethal” weapon designed to provide a safer alternative to firearms in controlling dangerous or combative situations.

How Do Tasers Work?

Tasers function by propelling two small dart-like electrodes, which are connected to the main unit by conductive wires, towards the target. Upon contact with the skin or clothing, the device transmits electrical pulses through the wires into the electrodes. These pulses affect the neuromuscular system of the human body, causing an immediate and involuntary contraction of the muscles, which typically results in the immobilization of the target.

Safety and Controversy

While Tasers are intended to be less lethal than firearms, their use is not without controversy or risk. The electrical shock delivered can cause significant pain and has been associated with serious injuries, including burns, cardiac arrhythmias, and even deaths, particularly in individuals with underlying health conditions. The debate surrounding their safety often focuses on the circumstances under which they are used, the frequency of use, and the training of the personnel using them.

Legal Context of Taser Use

In legal terms, law enforcement’s use of a Taser is typically scrutinized under the framework of reasonable force. Authorities must justify the necessity and proportionality of using a Taser in various situations. Misuse or excessive use of Tasers can lead to significant legal consequences for the involved parties, including civil liability for personal injury claims and, in severe cases, criminal charges.

What Constitutes Reasonable Force?

In legal terms, “reasonable force” refers to the force necessary to protect oneself or others from harm or to carry out a lawful duty, without exceeding what is necessary under the circumstances. The concept of reasonable force is central to many areas of law, particularly in cases involving law enforcement or self-defense. Understanding what constitutes reasonable force is crucial, especially in contexts such as Taser injuries, where the appropriateness of force used can determine the outcome of legal proceedings.

Key Factors Determining Reasonable Force

1. Immediacy of Threat

The use of force must be in response to an immediate threat. The nature and level of threat are critically assessed. For example, an unarmed individual making verbal threats may not justify the same level of force as an armed individual posing an imminent danger.

2. Proportionality

The force used must be proportional to the threat. This means that the response should not exceed what is necessary to neutralize or control the situation. For instance, using a Taser on a compliant and non-threatening individual typically would not be considered reasonable.

3. Intent

The intent behind using force is also evaluated. Force used must be aimed at protecting, detaining, or restraining, rather than punishing or retaliating.

4. Alternatives

Consider whether less harmful alternatives were available or if the person using force had the opportunity to retreat or de-escalate the situation without causing harm.

5. Environment and Circumstances

The specific circumstances surrounding the incident also play a critical role. Factors such as the physical environment, the behavior of the person on whom force is being used, and the capabilities of both parties are considered.

Compensation You May Be Entitled To After a Taser Injury

At Sivin, Miller & Roche LLP, we understand that suffering a Taser injury can profoundly affect your life and well-being. You may be entitled to compensation if a Taser has injured you, whether through law enforcement action or otherwise. Here’s a breakdown of the types of compensation that may be available to you:

Medical Expenses

Victims of Taser injuries often face significant medical costs, including emergency treatment, hospital stays, medication, and ongoing medical care. You can seek compensation to cover all past, current, and projected future medical expenses related to your Taser injury.

Lost Wages and Earning Capacity

If your injury has resulted in time away from work or has impaired your ability to earn a living, you can claim compensation for lost wages. If the injury leads to a long-term or permanent decrease in your ability to work and earn money, compensation may also cover loss of earning capacity.

Pain and Suffering

This category includes compensation for the physical pain and emotional distress you have suffered because of the injury. Pain and suffering are subjective and can vary significantly in scope. It encompasses not only the immediate physical pain but also the psychological impact, such as depression, anxiety, and trauma.

Loss of Enjoyment of Life

If your injuries prevent you from enjoying the daily activities and pleasures of life you once did, you may be compensated for this loss. This includes hobbies, recreation, and other ways you might have enjoyed spending your time before the injury.

Punitive Damages

In cases where the conduct leading to the Taser injury was particularly egregious or reckless, punitive damages may be awarded. These are not related to the direct costs incurred by the victim but are intended to punish the wrongdoer and deter similar conduct in the future.

Legal Costs

Often, the cost of pursuing a legal claim, including personal injury attorney fees and court costs, can be included in the compensation you receive. This ensures that seeking justice does not become a financial burden on you.

Future Care and Rehabilitation Costs

Taser injuries can result in long-term or permanent disabilities requiring ongoing rehabilitation and care. Compensation can include the cost of physical therapy, counseling, and other rehabilitative services necessary to help you recover or manage your condition.

Ready to Seek Justice? Contact Us Today!

If you’ve suffered a Taser injury, don’t wait to claim the compensation you deserve. Our team at Sivin, Miller & Roche LLP is ready to help you every step of the way. Contact us now for a free, confidential consultation. Let us advocate for you and ensure that your rights are fully protected. Call today and start your journey toward recovery and justice.

NYC Taser Injury Lawyer FAQs

At Sivin, Miller & Roche LLP, we understand you might have many questions if you or a loved one has been affected by a Taser injury. Here are answers to some frequently asked questions about Taser injury claims and how our law firm can assist you:

What is a Taser injury?

A Taser injury results from the deployment of a Taser, which emits electrical pulses that can cause pain, incapacitation, and sometimes more severe physical effects like burns, muscle contractions, and cardiac complications. While intended as a less-lethal means of controlling a situation, improper use can lead to serious injuries.

Can I file a lawsuit if I’ve been injured by a Taser?

Yes, if a Taser has injured you due to excessive force or improper use by law enforcement or another party, you may have the right to file a lawsuit. Such cases often involve claims of excessive force, police brutality, or negligence.

What types of compensation can I recover?

Depending on the circumstances of their case, victims of Taser injuries may be eligible for various types of compensation, including medical expenses, lost wages, pain and suffering, and punitive damages.

How do I prove my Taser injury case?

Proving a Taser injury case typically requires demonstrating that the use of the Taser was unreasonable under the circumstances and directly caused your injuries. This often involves gathering medical records, eyewitness testimony, expert opinions, and evidence regarding the incident, such as police body camera footage.

How long do I have to file a Taser injury lawsuit in NYC?

The statute of limitations for filing a Taser injury lawsuit in New York varies depending on the specifics of the case, but it is generally within three years of the date of the injury. However, if the claim involves government entities, such as police officers, shorter deadlines could apply. It is crucial to consult with an attorney as soon as possible to ensure your rights are preserved.

Why choose Sivin, Miller & Roche LLP for my Taser injury claim?

Sivin, Miller & Roche LLP brings extensive experience and a commitment to justice in handling Taser injury cases. We provide personalized attention, comprehensive legal experience, and a dedicated approach to ensure you receive the maximum compensation and the best possible outcome.

How can I get started with my claim?

Contact Sivin, Miller & Roche LLP for a free initial consultation to get started. We will review your case, explain your legal options, and guide you through every step of the process.