Legal Question in Personal Injury in New York
suing a correctional facility
whats the best way to go about suing a correctional facility?
1 Answer from Attorneys
Re: suing a correctional facility
It depends on why you want to sue. If it has to do with the treatment a prisioner receives or credit for time served, there are admininstrative remedies that must be exhausted before you can sue. If its for personal injury, there are prerequstives that must be followed. For example, if its a City jail, a Notice of Claim must be served within 90 days of the accident or if beyond 90 days, a motion made within 1 year and 90 days of the accident for permission to file a late notice of claim. If its a State jail, you need to either file a Claim in the Court of Claims within 90 days or serve a Notice of Intention to make Claim on the Attorney General within 90 days, which then extends the filing period to two years. There is also a procedure if its beyond 90 days. I advise you consult with an attorney. I regularly bring actions agaisnt correctional facilities so please feel free to contact me. The above is for informational purposes only and not meant as legal advice as there is no attorney-client relationship at this time.