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New York Personal Injury Attorneys

Injury Claims Against The Government In New York

March 21, 2020 in

Personal injury claims against New York State, New York City, or other local municipalities and government entities are not uncommon. Anytime the government is named as a defendant in a lawsuit, however, matters can quickly become complicated due to applicable laws and strict requirements and deadlines. 

Conveniently for government entities, when plaintiffs fail to comply with the strict requirements and deadlines, they typically lose their right to collect compensation for their injuries and damages. Keep reading for important information related to injury claims against the government in New York. 

Types Of Personal Injury Claims Against Government Entities

See below for some of the most common types of personal injury cases brought against New York government entities. 

  • Being involved in a car accident or struck as a pedestrian or bicyclist by a government-owned vehicle, such as a firetruck, ambulance, or police car.
  • Injuries as a result of a public transportation accident or incident, including railroad, city transit, and public buses.  
  • Injuries caused by negligent or intentional misconduct at a public nursing home, public health clinic, or public hospital operated by a government entity. 
  • Injuries sustained at a K-12 public school, college, university, or other public educational institutions. 
  • Accidents and injuries as a result of dangerous property conditions on public property or government-owned property, including playgrounds, parks, parking lots, and government buildings. 

Filing A Notice

When you have a claim against a government entity in New York, you generally have 90 days to file a notice of your intent to make a claim against the entity. The notice is a requirement, and if you miss the filing deadline, your claim may be barred, and you may lose your right to secure compensation. In some cases, you may ask the court to grant permission to file a late notice, but it is up to the court’s discretion, and there are no guarantees it will permit a late filing.

Notice Of Claim Information

Your notice of claim should include your name and address, as well as your attorney’s name and address. It should also include information about the type of claim you are filing, and details related to your accident and injuries. Information about the amount of compensation you are seeking should be described, as well. 

Wrongful Death Claim

When accidents result in fatal injuries, a wrongful death claim against a government entity brought on behalf of certain close family members might be appropriate. Wrongful death claims are also subject to strict notice and filing deadlines. In general, these claims are subject to a 90-day limitation from the date that an estate representative is appointed. If your claim involves compensation for the decedent’s pain and suffering (a survival action), however, the 90-day limitation will generally begin running from the date of the accident that caused the decedent’s injuries. 

Supreme Court or Court of Claims

Knowing in which court to file your claim can be confusing, and if you file your notice in the wrong court, you may lose valuable time and miss your filing deadline. Cases against some entities must be filed in the Court of Claims, while cases against other entities must be brought in the State Supreme Court. Due to the complex nature of these cases, we always recommend that you consult with an attorney as soon as possible if you believe you may have a claim against a New York government entity. 

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