Suing The City of New York For Injury
Under New York law, you have the right to sue a third party if you are injured as a result of their negligence, violation of duty, or intentional act – even if the third party in question happens to be the City of New York itself.
However, the process of suing the City of New York is vastly different from suing a private individual or an organization – due to the statute of limitations as well as the various procedural requirements you have to follow.
Suing the City of New York – What Does the Law Say?
Article II, Section 8 of the New York Court of Claims Act states that the government waives the protections granted under the concept of sovereign immunity – an archaic legal doctrine under which private individuals cannot sue the government even if they are injured by the government’s decisions or actions. It also states that the government consents to be sued by private individuals – as long as the individuals in question comply with all the legal and procedural requirements.
When Can You Sue the City of New York?
The circumstances under which you might be able to sue the City of New York include:
- If you are injured in an accident caused by a city vehicle, which was operated by a person employed by the city
- If you are injured on city property due to a defect or a dangerous condition
- If you are injured in an accident caused by a dangerous road condition
- If you are injured or if you develop a health problem as a result of substandard medical care you received from a state-run health facility
In addition to this, there are many other circumstances under which you might be able to sue the government. If you are not sure whether the government can be held liable for your injuries, you should contact an experienced personal injury attorney and find out what kind of legal options you have.
Suing the City of New York – The Steps Involved
Notice of Claim
First and foremost, you need to file a notice of claim against the appropriate agency and inform them that you intend to sue them. The notice must include your name and address, when, where, and how you got injured, what kind of claim you intend to file against the agency, and how much compensation you are seeking. It should be noted that the notice of claim needs to be filed within a span of 90 days. Otherwise, you will lose your right to sue the city.
Once the claim is filed, the City of New York will investigate your claim to determine whether you have a genuine case against the agency in question. The next step in the process is the 50H hearing, where you have to testify under oath and answer various questions related to your injuries. You might also have to submit to a medical examination, so that the City can determine whether your injuries are as serious as you claim.
Filing the Lawsuit
The next step involves filing the lawsuit against the City of New York. Under the law, you are required to file a claim against the City of New York within one year and 90 days from the date of the accident.
Looking to Sue the City of New York? Choose a Legal Team with a Record of Large Settlements and Verdicts
Suing the City of New York is an extremely complicated process. Even a minor mistake on your part can disqualify you from recovering the damages you are entitled to. The personal injury attorneys at the Law Offices of Michael S. Lamonsoff have handled several claims against the City of New York over the years and have successfully recovered damages for our clients.
We can build a solid case against the government agency in question, gather all the required evidence, file all the required notices and motions in a timely manner, and fight aggressively to recover the maximum compensation possible under the law.
To discuss the possibility of suing the City of New York, call us today at 212-962-1020 or fill out this online contact form and schedule a free consultation with an experienced New York personal injury attorney from our firm.