Sometimes when you are injured, the responsible party isn’t a person or company, but a government entity such as a city or municipality.
Filing a personal injury claim against a municipality or city when you get injured due to wrongdoing or negligence is no easy task. There are many different procedures to go through, and if anything is done incorrectly, it could stop your case from progressing.
Here is what you need to know about how to bring a personal injury claim against a city or municipality in New York.
What Do You Need?
In New York, anyone who wants to file a lawsuit against a city, county, school district, town, fire district, or village for wrongful death or personal injury must first serve a Notice of Claim against the entity you mean to sue.
In most cases, a Notice of Claim must be served within 90 days of the incident. But you should be aware that certain types of claims, such as wrongful death or medical malpractice, will start that countdown from a place other than the date of the incident.
This is why it is in your best interest to consult with an experienced attorney soon after you are injured. Fail to file the Notice of Claim on time and your whole case can collapse.
In New York, a Notice of Claim can be served by registered mail, certified mail, or via personal delivery. However, those in New York City must file through their eClaim system, and your claim will also need to be served to the City Comptroller unless the claim is against the MTA, Port Authority, or any other number of Authorities that exist in the city.
The rules surrounding a notice of claim can be confusing and quite complex. That’s why the help of an attorney that knows the codes, rules, regulations, and laws that apply to your situation is vital.
What Kind of Things Can You Sue For?
If you want to bring a personal injury lawsuit against a municipality or a city, many types of claims exist. Some of the most common include:
Sometimes, serious injuries or deaths get caused by something like defective roads, which makes the state of New York responsible.
Slip and Falls
City parks or buildings may have defective equipment that led to your slip and fall injury. Even something like an improperly maintained walkway can lead to a slip and fall case.
You can bring a medical malpractice case against a publicly-operated medical facility if you get injured due to negligence or wrongdoing.
These are just a few case examples. Your attorney will understand more definitively what entities may be responsible for the incident that injured you.
When you’re hurt and unable to work, the medical bills can pile up. Just because a large entity such as a city is responsible for your accident shouldn’t deter you from seeking the compensation you are entitled to. Understand your rights and the process and you’re halfway to getting what you deserve.