Can You Bring A Lawsuit Against New York City For Injuries?
You may wonder if you can sue the City of New York or another municipality. The short answer is yes, but there is a rigid legal process to follow.
New York City requires a “notice of claim” to take advantage of the sovereign immunity waiver. This means anyone injured or had their civil rights violated on government or public property, or at the hands of a city employee, have the option to take legal action and sue, so long as specific deadlines and procedures are followed.
With the help of the seasoned personal injury attorneys at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., your injury claim against the City of New York will be handled properly to ensure the greatest likelihood of success. Time is of the essence, so call us today at 212-668-0100 for a free, no-obligation consultation.
What Is The Process For Suing New York City For Injuries?
To successfully bring a lawsuit against the City of New York, there are strict guidelines to follow. You must notify the appropriate city agency in writing within 90 days of the accident or event that resulted in injury, as stipulated by New York State General Municipal Law § 50-e.
Acceptable manners of serving the Notice of Claim on the City of New York include:
- Electronically via New York City’s eClaim system;
- By personal delivery; or
- Via certified or registered mail
Upon serving the City of New York using only one of these methods, they will record and acknowledge receipt of the Notice of Claim.
Most importantly, the Notice of Claim must be in proper form setting forth the necessary and proper information about the claimant(s), the nature of the claim, the time when, where and the manner in which the claim arose and the items and dollar amount of damages or injuries that are claimed to have occurred. In addition to being in writing, the Notice of Claim should be sworn to before a Notary Public.
The City of New York will then have the right to request a hearing of the claimant(s) which is really just a deposition where there is an examination of the claimant(s) by way of questions and answers given under oath. The City of New York also has a right to request a medical examination as well concerning the injuries being claimed.
In wrongful death cases, the 90-day time period to file a Notice of Claim begins upon appointment of an administrator or executor to the deceased’s estate.
However, there are many nuances and various other procedural rules which make it extremely treacherous to navigate the requirements on your own without the expertise of a lawyer.
Due to these strict filing guidelines, it is in your best interests to consult with an experienced personal injury firm. Our attorneys at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., have successfully handled cases against the City of New York and can help you navigate the legal process.
Where Should You File Your Claim?
Most claims against the City of New York are claims against mayoral agencies and filed with New York City’s Comptroller. However, the Office of the Comptroller does not handle claims for specific, non-mayoral agencies, such as:
- Hugh L. Carey Battery Park City Authority
- Manhattan and Bronx Surface Transit Operating Authority (MABSTOA)
- MTA New York City Transit Authority
- MTA Bridges and Tunnels/Triborough Bridge and Tunnel Authority
- New York City Housing Authority (NYCHA)
- New York City School Construction Authority
- NYC Health and Hospitals Corporation
- NYS Education Department
- Port Authority of New York and New Jersey
- Staten Island Rapid Transit Operating Authority (SIRTOA)
To make claims against those agencies, claims must be filed directly with them or with an appropriate representative of that agency. Moreover, the Statute of Limitations varies among these different agencies as well as other procedural requirements which require the knowledge of an experienced attorney to navigate your claim successfully.
When Can You Sue?
You may have a claim against New York City if injured due to:
- Premises liability, such as injuries suffered because of improper maintenance of public buildings or slip-and-falls caused by unsafe sidewalk conditions
- In addition to the requirement of having to file a Notice of Claim against the City of New York, New York City Administrative Code 7-201(c)(2), states “ No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street, highway, bridge, wharf, culvert, sidewalk or crosswalk, or any part or portion of any of the foregoing including any encumbrances thereon or attachments thereto, being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice, or where there was previous injury to person or property as a result of the existence of the defective, unsafe, dangerous or obstructed condition, and written notice thereof was given to a city agency, or there was written acknowledgement from the city of the defective, unsafe, dangerous or obstructed condition, and there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe.
- Excessive force or police brutality by the New York City Police Department, resulting in serious injury or wrongful death
- Injuries sustained by a teacher, student or parent in a New York City Public School
- Motor vehicle accidents caused by potholes, wrongful traffic control or inappropriate sign placement on New York City streets
- Motor vehicle accidents caused by a negligent driver of a New York City owned vehicle
You may also have a claim against the City of New York for a violation of civil rights. A knowledgeable attorney can assess your case to determine if suing the City is the appropriate course of action.
Contact A Trusted New York City Personal Injury Team For A Free Case Review
Our attorneys at theLaw Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., truly care about your well-being. We will provide you with personalized attention and fight to obtain maximum compensation and justice.
We will thoroughly walk you through every step of bringing a lawsuit against New York City. Contact us today at 212-668-0100 or by filling out our online contact form. We are lawyers you can actually talk to.