Can I Sue the City of New York for Personal Injury?

When government entities in New York City fail to keep their properties safe, they may be liable to pay damages to people who suffered injuries because of hazardous conditions.

Because of the strict procedural requirements and the stringent deadlines in personal injury lawsuits against governmental agencies, you must seek legal help from an experienced Personal Injury Lawyer immediately following your accident.
Some of the reasons for bringing compensation claims against the City of New York include:

  • Motor vehicle accidents involving government vehicles
  • Accidents due to unsafe roadways
  • Defective traffic signals-related accidents
  • Injuries at government-run schools or institutions
  • Slip and fall accidents on New York City property
  • Sexual abuse, assaults, and other injuries on government property due to inadequate security or other negligence
  • Injuries due to police high-handedness and other misconduct

What is Sovereign Immunity?

Sovereign immunity in personal injury law protects government entities from litigation. It originates from the concept that a government, without its consent, cannot be sued. In the United States, federal and state governments enjoy certain immunities, though there may be exceptions.

The state of New York has waived its sovereign immunity.

How To File A Personal Injury Lawsuit Against The City Of New York?

The law requires that you file a notice of claim with the Comptroller’s Office before you initiate a lawsuit in court.

The Comptroller’s Office investigates and evaluates claims and offers an early settlement to potential lawsuits if the City may be liable for injuries.

Filing a notice of claim is the first step to suing the City of New York for a wrongful action or inaction.

Notices of claim must be filed within ninety days of the date of the incident.

Notices of claim cannot be filed by email.

Your attorney can file a Notice of Claim for you. It is a written document informing that you have suffered injuries in an accident or incident on municipal property. The notice will include:

  • Your name (and any other claimants), attorney’s name, and your addresses.
  • The nature of your claim
  • The time and place where the claim arose
  • The description  of damage or injuries

After you file a notice of claim, the Comptroller’s Office assigns a claim number to you. You should refer to this claim number in all communications with the Comptroller’s Office. An examiner from the Comptroller’s Office will investigate the claim. You may have to appear at a hearing to give testimony and provide details about your claim.

Read also What compensation can I receive from a car accident claim

The examiner may ask you for information and evidence to support your claim.

After completing the investigation, the Comptroller’s Office will determine whether the City’s wrongful action or inaction was the cause of your alleged injuries.

If it determines that the City is responsible for your injuries, the Comptroller’s Office may offer to settle the claim. If you accept the settlement offer, you will have to sign a release.

A release is a legal document through which you agree to discontinue your claim against the City in exchange for the settlement amount.

If the Comptroller’s Office fails to make a settlement offer or denies your claim, you can pursue your lawsuit in court.

You must file the lawsuit within one year and ninety days of the incident.

Fearless Personal Injury Lawyers Battling Government Negligence In New York

If you suffer a personal injury that you believe is the fault of a party within the New York City government, you have rights under the law and may be eligible for compensation.

At Gregory Spektor And Associates, our personal injury lawyers bring cases against the government on behalf of injured New Yorkers without fear of recrimination or reprisal.

The fearless attorneys at our New York personal injury law firm never shy away from going after government agencies that compromise the safety of the people.

Contact a lawyer at our firm to schedule a free case consultation to discuss your case, the injuries, and the compensation you might be eligible for.

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button