Can I Sue New York City For My Injuries?
Yes. If you were injured in an accident caused by the negligence of the city, a city agency, or a city contractor, you might be able to file a lawsuit against New York City. However, there are limitations.
Sovereign Immunity
Under “sovereign immunity,” some government agencies are immune from lawsuits for torts (or personal injuries) caused by conditions on their properties or acts by government employees, contractors, and agents.
However, New York has waived sovereign immunity as long as victims follow strict guidelines for recovering compensation from the state or city.
How to File a Lawsuit Against New York City
First, you are required to notify New York City of any injury within 90 days of the accident. Once you notify the city, you will receive a “Notice of Claim” and a claim number.
Then, you must wait 30 days for the city to review your claim. The city may offer you a settlement. However, most initial settlement offers are extremely low and do not consider all your damages. It’s important to work with a government liability lawyer to ensure you get the compensation you deserve.
After the waiting period, you may file a lawsuit against the city in court. However, the lawsuit must be started within one year and 90 days from the loss or accident.
If you fail to meet these deadlines or do not include the full details of your claim, you may forfeit your right to compensation.
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Accidents That Are New York City’s Fault
Just like a private individual can be responsible for their actions or inaction, the City of New York can be held accountable as well. Here are some common situations in which New York City may be held liable.
- Garbage Truck Accidents – If a motor vehicle accident involves a garbage truck working for New York City, the city may be responsible for damages the garbage truck driver caused.
- City Work Vehicle Accidents – The City has thousands of vehicles that work under its oversight. If the driver of one of these vehicles causes an accident, the city may be responsible for your damages.
- Subway & Mass Transit Accidents – If you are injured in the subway or while riding on mass transit in New York City, you are entitled to compensation from the city. That can include wrecks and premises liability accidents like slips, trips, and falls.
- City Agency Negligence – City agencies like the New York City Police, Fire Department, and Emergency Medical Technicians may fail to uphold the duties of their jobs. In that case, the city can be held accountable for the damages they cause.
- Injuries on Government Property – If you are hurt in a government building, at a park, or other property owned by the City of New York, you may be able to get compensation for your damages as a result.
- City Contractor Negligence – Sometimes, the city hires a private company to work for them; however, New York City is still responsible for their actions. You may have a claim against more than one party if a city contractor causes you harm.
These claims are based on negligence laws, car accident laws, premises liability, and other New York statutes. It’s important to work with a municipal liability attorney to help you understand which laws apply.
What If I Was Working for New York City and Was Injured?
If you were working for New York City when you were injured in an accident, you might have the right to file a workers’ compensation claim to recover damages. All employees of the City of New York are protected under workers’ compensation laws.
However, some employees, such as police, firefighters, teachers, and uniform sanitation, have separate systems.
A serious injury on the job can result in excessive medical bills and lost wages, among other damages. Find out how much your claim is worth by calling an NYC workers’ comp lawyer.
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Our legal team has the experience and record of success you can trust. If you’re suffering and think you need a lawyer, we can help and know what it takes to win.
Learn More About the FirmA Municipal Liability Attorney Can Help You
If you were hurt and the city is at fault somehow, you should immediately contact an NYC municipal liability lawyer. You have very little time to begin a claim. Our attorneys will listen and determine what you can expect. Then, we will make sure you get the most compensation possible.
Call Hecht, Kleeger & Damashek P.C. at 212-490-5700 or use our contact form for a free, no-obligation case evaluation. There’s no fee unless we win.