It comes a time you realize that your civil rights have been violated. The most likely option you have is to file a lawsuit against the responsible individuals for harm suffered. However, to get a legal claim, you consult a reliable and experienced NYC civil rights attorney. That’s because it is challenging to prove your civil rights were violated. If you have to file a lawsuit after a civil rights violation, there are things to know.
Filing a Government Claim or not?
After your civil rights are violated, you should know whether you have to file a government claim or not. In such a situation, it solely depends on your claims. Certain types of discrimination and violation allegations require you to file a complaint with the state agency or federal before a private lawsuit in court. These agencies have strict time limits of when to file a claim.
For example, if it involves employment discrimination, then you must file your claim with the EEOC – Equal Employment Opportunity Commission. And your claim should be within 180 days after the offense. You can only proceed with the private lawsuit after getting permission from these agencies.
If you file a claim with state agencies, they will investigate your complaints about civil rights violations and work alongside the federal agency. However, depending on your civil rights claim, an experienced attorney can inform you whether you have to file a government claim or not.
Things to Expect in Your Lawsuit
If you file a claim for civil rights violation, the case is handled in a civil court – federal court or state civil court. In this case, you will be claiming your civil rights as a “plaintiff” in court. You have to set specific facts and allegations to show the mistakes of the opposing party (defendant).
Ultimately, when the civil rights case goes to trial, you have to prove the violation by providing a preponderance of the evidence that the defendant is responsible for causing damages. In your civil case, it will have phases to follow for it to be complete.
Get Attorney’s Help
Before you can hire an attorney to help you file a claim, you have to be sure that your civil rights were indeed violated. So, if you believe that you have suffered a violation of such rights, speak to an attorney with extensive experience in this legal area. There are important decisions you need to make; they can be complicated without the help of an attorney. This is because you need to know the laws that apply, such as whether it’s necessary to file your claim with the government.
On the other hand, an attorney can help you determine the right place to file your lawsuit. This is because the role of a civil rights attorney is to evaluate all aspects of your case to ensure the best positive outcome of your case. Summing up, only choose a reliable attorney for a civil rights violation claim. You will have a higher chance to get compensation for damages caused.