FINANCIAL COMPENSATION FOR WRONGFUL CONVICTION

(Call Levitt & Kaizer at (212) 480-4000)

 

A person who was wrongfully convicted often is entitled to compensation and we have represented numerous such persons, obtaining for them their due. Although no amount of money can fully compensate for years of wrongful incarceration, monetary awards at least provide the client a measure of financial independence and the ability to begin making up for lost time. In one recent case, for example, we obtained a $9 million recovery for a client who spent many years in prison before the state agreed his conviction should be vacated and the case dismissed.

 

WHAT ARE THE AVAILABLE MEANS OF RECOVERY?

Generally, a person’s right to compensation for a wrongful conviction arises after the conviction is vacated. At that point various grounds for financial recovery may be available. For example, if the client was convicted in a New York State court but the conviction was reversed on one of several grounds and the client can demonstrate their innocence, financial compensation may be available under the New York Court of Claims Act. The same client may be entitled to compensation in a “section 1983 action,” without the need to prove innocence, if their conviction was reversed because their constitutional rights were violated. In such actions various persons and entities may be named as responsible parties, including, for example, police officers and municipalities.  Such actions may be brought in both a state court as well as in a federal court.  Analogous grounds for relief are available as well for persons wrongly convicted in federal court.

 

HOW LONG DOES IT TAKE TO GET COMPENSATION?

We are very sensitive to the fact that our clients in wrongful conviction cases have often been incarcerated for years and are anxious to obtain the recovery to which they are entitled, and we therefore aggressively move the case forward. Sometimes the case will settle quickly – in less than a year – and sometimes it must move toward trial if no reasonable settlement is possible. The decision to accept a settlement is the client’s to make, but, as your lawyer, we will advise you regarding both the positives and negatives of accepting a settlement offer: What is the likelihood of obtaining a better settlement by waiting? What are the risks? Is there additional discovery that should be obtained before settlement? How long will it take to get to trial? Does it make sense to engage the services of a mediator to facilitate a settlement? How much money was recovered in similar cases? Answers to these and other questions will help you decide whether to settle or continue down a path to possible trial.

 

CAN I GET MONEY WHILE THE CASE IS PENDING?

In many instances you can obtain money while your case is pending, as an advance against a possible recovery. Although lawyers are not permitted to advance money to their clients in anticipation of a future award, several companies provide funds to plaintiffs they believe have worthy cases, and we can help facilitate such transactions.

 

WHAT IS THE COST OF HIRING LEVITT & KAIZER IN A WRONGFUL CONVICTION CASE?

If we take your case, we will advance all costs and will get paid if and only if we obtain a recovery on your behalf. You need not advance any money at all.

 

OUR PHILOSOPHY

When persons come to us for representation in wrongful conviction cases, we recognize they have been through a lot and just want to obtain fair compensation and get on with their lives. We believe, however, that it is generally not in the client’s interest to publicize their case and their financial recovery because doing so makes them targets for scammers and others seeking their money. We therefore do not publicize our recoveries in wrongful conviction cases. However, when we meet, we will be happy to discuss our cases with you.

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WHAT CLIENTS ARE SAYING ABOUT US​

You can read here and here what our clients are saying about us.

 

ADDITIONAL READING

For additional guidance regarding the issues raised in this article and concerning other areas of our practice you may want to read about our representation during investigations, pretrial and trial proceedings, appeals post-conviction matters, forfeiture and restitution, and compassionate release applications. [links to each]