If you or a loved one was injured and New York City is responsible, suing the city is an option you have to recover compensation for your losses. Did you sustain an injury in a New York City subway station, public ferry, or city hospital? Suing New York City for negligence is something you may be contemplating or you may even ask a lawyer about it.
The good news is that New York City and the state of New York are not immune to liabilities and lawsuit protection by sovereign immunity. However, there are some issues to be aware of. Litigation against New York City is subject to specific processes and deadlines. If you miss these deadlines or fail to file specific documents, you could forfeit your right to file a lawsuit.
Working with an experienced NY personal injury lawyer as soon as possible will be very important to the success of your claim.
Brandon J. Broderick, Attorney at Law has established itself as one of the top personal injury law firms in New York, as well as the surrounding states. Whether we are presenting a client seeking compensation from an insurance company or filing a lawsuit against NYC, we have the experience to help you reach a favorable resolution.
Who Can and How Do You Sue New York City?
Claims from individuals hurt on city property are covered by stringent guidelines and limitations. Suits against New York City, its workers and representatives, and individual government agencies like the city's parks department, for example, may be filed by injured pedestrians and other parties.
To start a lawsuit against New York City, you must file a Notice of Claim and it must be done within 90 days of the accident causing your injuries. The city is required to respond and request a hearing within 30 days from your notice. After this, you can build your case and have typically a year and 90 days to file a lawsuit, which is the statute of limitations.
It's important to act quickly when you plan to seek compensation from a city or state. Delaying the process may have a negative impact on your case.
Filing a Notice of Claim
The first step in suing New York City is to file a notice of claim. Before bringing a lawsuit in court, you are required by law to file a Notice of Claim with the Comptroller's Office. Additionally, if the City is liable for your injury, the Comptroller's Office will look into, assess, and perhaps settle your lawsuit before it goes to trial.
In order to determine a fair value of the damages under the law, the Comptroller's Office conducts an investigation. Please be aware that not all claims settle with the Comptroller's Office, so you might not get an offer to settle your claim at all.
If you do receive an offer, discuss the settlement with your lawyer.
The Process
Not every claim will be resolved by the Comptroller's Office. You have the option to pursue your claim with a lawsuit in court if you choose not to pursue it with the Comptroller's Office, if the Comptroller's Office is unable to make an offer of settlement or rejects your claim, or if you are unable to come to an acceptable settlement with the Comptroller's Office. There are timelines on filing a lawsuit against the City. Before filing a lawsuit in court, you have to wait 30 days following the filing of a notice of claim and abide by the hearing requirement. Lawsuits must then be filed within 1 year and 90 days.
What If You Do Not Get a Settlement Offer?
The Comptroller's Office may sometimes decide not to make a settlement offer if it believes the City is not legally liable for the injury and accident, or if the investigation is inconclusive. By filing a lawsuit in court, you can take your claim a step further, but as previously mentioned, you have a time limit.
Work With Brandon J. Broderick, NYC Personal Injury Attorney
If you were injured and the city of New York is responsible, allow us to hold the city responsible and fight for fair compensation on your behalf. Our NY personal injury attorneys have experience in representing clients from all walks of life in personal injury matters. Our record of success speaks for itself.
Call us today to schedule a free consultation.