[Tips from Peter L. Quan: this article first tells about the most important problems that needs to be addressed in the cases of accidental injuries, and then this article analyzes a case that because of Violent-Law Enforcement by NYPD, the client got injured and finally got reasonably compensations.]
It is hard for new immigrates to make a living upon their arrival in the USA. What’s worse, because of language difficulties, they always became victims of violent law enforcement by the police. When such kind of unfortunate things happened, or similar other accidental injuries happened, you need to calm down and collect all the evidences. For example, if you had wounds on your body or your car had been knocked to broken, you need to take photos as soon as possible. As time flies, the wounds and the damaged properties might change, and it will be hard to collect evidences at that time. Then you need to report to the police as well as call the ambulance, and then you need to receive treatment in the hospital. The reports from the police are usually one of the most original evidences, which might determine the judgment of the case. This is because that the police reports will write down clearly what the accident is and whose faults they are.
Now Peter L. Quan will tell an injury case happened because of violent law enforcement by the police that he participated to deal with. Mr. Wang was a new immigrate from China. He performed as a long distance bus driver to make a living. In June 2009, he stopped his car near the bridge in Pier 17 on East River. Of course, his stopping was legal. When he went back to his car to pick up some things and when he intended to leave, several white police from NYPD rushed into his car. Maybe because that Mr. Wang could not communicate with the police via English, then the police handcuffed Mr. Wang and also they beat him. At that time, Mr. Wang was knocked out and freaked out. After the police took Mr. Wang away, Mr. Wang was asked to do fingerprint as well as take photos. Afterwards, he was detained temporarily and forced to have a hearing on court.
To be clarified, if one person is arrested by the police innocently, for the first time he appears on the court, he should never admit the crime. By the way, if a new immigrate has no deportation order, the case will not be transferred to the immigration office generally. So the person being arrested needs not to feel afraid of his own immigration status. If the person admit the crime, then the afterwards accidental injuries will be very difficult to receive compensation. If not, then the civil compensation will be much easier. If you want to sue the police station or other government departments, except the above mentioned evidence collections, you need to submit a letter of intent to the New York City government and the Chief Auditor’s office to require civil compensation. Of course, Peter L. Quan finished this step for Mr. Wang. Then, what about the next process? Please continue focusing on Peter L. Quan’s next article, in which he will point out how to get the compensation for client to most extent.
In the above article, Peter L. Quan told that, the first step of getting compensation is to collect evidences. Then we need to inform the New York City government that we want to sue the NYPD. The most important thing is to collect evidences, but this is also the step that most people will ignore. It is true that the more evidences you collect, the easier the process of the case will be. Some of the evidences might be hard to collect if you missed the best time. According to the victim’s situation, except the basic treatment in hospital, he needed to complete a general physical check-up, such as X-ray, CT and so on. Besides, he needed to see doctors in psychiatric department, neurology department, psychology department as well as Physical Therapist and let them to evaluate his illness. This is because that some illness might conceal for a long time, and some illness may have sequela and even needs the guardianship and treatment for a lifetime. As a result, the high expenses must be considered within compensation. This is a basic principle for the U.S. law, that is, to recover the victim’s situation to before injuries via compensation, though this aim is hard to achieve.
Since it is hard for new immigrates to find a job, they usually receive cash as their salary, which might benefit both employers and employees. However, there are some bad effects. For example, there will be disadvantages when request for injury compensation. According to Peter L. Quan’s experiences, some victims need the compensation for salaries since they cannot work during the recovery period. This part of compensation depends on the victim’s past tax declaration. That means, if someone declares very low tax, then he receives very little compensation. Moreover, according to the U.S. law, if one side of the couple cannot perform spouse responsibilities (including sex), he also needs to get compensation.
After submitting the letter of intent to the government, if the two parties cannot reconcile, then one needs to appear on court. There will be some tips on how to choose the court. Generally, within the five districts in New York, for the same cases, you may get higher compensation in Brooklyn court. So if possible, you’d better choose court in Brooklyn. Of course, some cases must sue in the Federal Court. During the process, Peter L. Quan will analyze the past similar cases, and evaluate the compensation amount the client might receive. In this way, Peter L. Quan will fight for the most compensation amount for his clients.