In the state of New York, a person can sue a public entity at the state, county, or local governmental level, for monetary damages. There are many reasons to file a claim against a public entity in New York, including death, property damage, violation of protected rights, and physical harm. If you or a loved one have been injured in an accident involving governmental or municipal entities, you must seek the help of an experienced and qualified New York municipal liability attorney. An attorney from the La Sorsa and Beneventano law firm can explain, in-depth, your legal options and rights and how to proceed with your case.
What is Municipal Lability?
A municipal liability case can cover a wide range of potential claim types that can be brought against many government entities including transportation authorities, city and county governments, and state agencies.
Common types of municipal liability cases can include:
- Accidents that are caused by road work hazards
- Casualty issues
- Accidents involving government vehicles
- Bus accidents
- Government equipment defects
- Any type of case that involves negligence or recklessness on behalf of a government employee or agency
Speak with a New York Liability Attorney
While an individual does have a right to file a suit against the government for an injury that was a direct result of municipal liability, effective litigation will require an extensive understanding of specialized laws, and municipal lawsuits. Consulting with a knowledgeable lawyer who can help with filing the proper paperwork will be crucial. Additionally, a lawyer can protect the rights of their client and can help them achieve the compensation they may be entitled to for damages.
Filing a Notice of Claim
A notice of claim must be filed before pursuing a civil lawsuit for damages, property damage, wrongful death, or personal injury against a local or state government, any government employee or government agency.
A notice of claim must be filed within ninety-days of the date of the incident or accident that is the basis of the claim.
Notice of Claim Requirements
The notice of claim must be signed in front of a notary, must be handwritten, and must include the following information:
- The dollar amount of injuries or damages that were sustained
- The manner, place, and time in which the claim arose
- The nature of the claim
- The claimant’s name and address
- The name and address of the claimant’s lawyer
A notice of claim must be served by certified or registered mail or served by personal delivery, upon a person who is authorized by law to receive the summons. The claim may also be received by a lawyer who represents the government entity. Failure to file a notice of claim within ninety days, or the failure to include all of the injury claims, can result in the claims being barred or the dismissal of the case.
Filing Timeframe for Personal Injury Claims
Thirty days must pass after the date the notice has been filed before the municipal lawsuits can commence. This is done to give the government entity time to investigate the claim.
The complaint that starts the lawsuit must state that the notice of claim was correctly filed within the required ninety-day time frame and that a period of thirty days has since passed.
New York City Government Claim Examination
The government will have the right to conduct an examination during these proceedings. During this time, the government will investigate the claims regarding the incident, in addition to the extent of the damages or injuries the claimant suffered. An examination in the form of an oral deposition is typical. During this time, an attorney appointed by the government body will ask the claimant questions. The claimant’s answers will be recorded by a stenographer and will be asked while the claimant is under oath. The claimant may also be required to undergo a medical exam performed by an independent physician.
Contact the La Sorsa and Beneventano Law Firm Today
Seeking the legal guidance of an experienced municipal attorney is crucial when pursuing claims against a state, local, or county level government entity or employee. An experienced attorney from the La Sorsa and Beneventano law firm recognizes that fighting against a government entity will require resolve, dedication, and patience. Public authorities and municipalities often rely on a large team of lawyers, claims adjusters, and investigators, which definitely gives them an advantage over the claimant. One of our seasoned personal injury attorneys will protect a client’s rights using their resources, skills, and effective strategies that will help to level the playing field.