Filing a claim against a government entity in New York isn’t as simple as suing an individual or a business. This is because the government has special legal protections that come in the form of sovereign immunity. Simply put, it means you cannot sue the government unless it gives you permission to do so.
Keep in mind that if you suffer injury because of a government employee’s negligence, a dangerous condition on public property, or a failure by a city or state agency to maintain safe conditions, you may have a right to seek compensation. However, filing a claim against a public entity involves following procedures that fall under the purview of New York law. What’s more is that failing to adhere to any step can mean losing your right to sue entirely.
Here, you will learn how to file a personal injury claim against the government in New York, from identifying the right agency to understanding deadlines and looking at the common mistakes to avoid.
Understanding Government Liability in Personal Injury Cases
The New York Court of Claims Act allows individuals to file lawsuits against the State of New York and certain state agencies, while the General Municipal Law outlines how to sue cities, towns, and local authorities. In plain terms, the government agrees to take responsibility when its employees or agencies act negligently, but only when claimants follow specific procedures.
Understanding these procedures is crucial if you plan on suing the government for personal injury. For example, you cannot simply walk into a courthouse and file a lawsuit against a city department or agency. First, you need to notify the government in writing that you intend to make a claim. This extra step, known as a Notice of Claim, is a strict legal requirement unique to government-related personal injury cases in New York.
Who Can You File a Claim Against?
In New York, different government entities could potentially be responsible for an injury. Knowing exactly who to file your claim against is one of the first and most important steps.
- The State of New York. If your injury involves a state-run facility or employee, such as a state university, a highway maintained by the state, or a trooper with the New York State Police, your claim goes to the New York State Court of Claims.
- City or local governments. If you suffer injury on a city street, in a public park, or because of a municipal employee’s negligence, your claim is typically against the City of New York or a local municipality.
- Public agencies and authorities. These include the Metropolitan Transportation Authority (MTA), New York City Transit Authority, Housing Authority, Department of Transportation, and Sanitation Department. Each agency tends to have its own legal department for dealing with claims.
- Public schools and hospitals. Accidents in public schools, city hospitals, or county-run facilities also fall under the government’s jurisdiction.
You have to identify the correct entity because you must send the Notice of Claim to the right office. Sending it to the wrong one could invalidate your claim entirely.
Filing a Personal Injury Claim Against a Government Agency
If you’re wondering how to file a personal injury claim against a government agency in New York State, know that you need to follow a few structured steps. The steps to file a claim against the City of New York are the same, too. Missing any of them can jeopardize your case, even if your injury is legitimate.
Identifying the Correct Government Entity
You need to start by figuring out which branch of the government is responsible for your injury. Was it a city employee, a state worker, or a public authority like the MTA? The details you typically need include the names of the employees involved, the location of the incident, and the name of the agency that manages the location. This helps ensure that you send your claim to the right place.
For example, if you suffer injury in a slip and fall accident on a broken city sidewalk, you send your notice to the New York City Comptroller’s Office, and not the local courthouse. If your injury occurs on a state highway, the notice will need to go to the New York Attorney General’s Office or the Court of Claims.
Filing a Notice of Claim
The answer to “How long do I have to file a Notice of Claim in New York?” is that you must file it within 90 days of the accident in question. This formal notice includes details like:
- Your complete name and contact information.
- The time, date, and location of the accident.
- The injuries you suffered.
- How the government’s negligence is responsible for the accident and the injuries that followed.
- An estimated amount of the compensation you seek.
How to File a Notice of Claim With the New York City Comptroller?
You may file a notice of claim with the New York City Comptroller by mail, in person, or electronically (for some agencies). Make sure you mention factual details of how the injury occurred, while avoiding speculation or exaggeration. You should also include any supporting documentation, like medical records, photos of the accident, or witness contact information. In addition, retain a copy of your Notice of Claim and all supporting documents.
Waiting for the Government’s Response
So, what happens after filing a Notice of Claim in New York? The agency in question reviews your claim and may request additional information. It may schedule a 50-H hearing, which is a legal interview where you answer questions about your claim. Then, the agency may offer a settlement or deny the claim. If it denies your claim, you have the legal right to file a lawsuit in the Court of Claims or the appropriate New York Supreme Court.
Filing a Government Negligence Lawsuit in New York
The agency you file a claim with gets 30 days to resolve the claim. Once this initial 30-day period ends and if the agency denies your claim or the resolution is not to your liking, you get one year and 90 days to file a lawsuit. Where you need to file the lawsuit depends on the agency you wish to sue.
- Claims against the State of New York go to the Court of Claims.
- Claims against cities or local agencies go to the New York Supreme Court in the county where the accident occurred.
When it comes to filing a lawsuit, while you may do so on your own, you should ideally try to hire the best lawyer for suing the government you can find. This way, you can ensure meeting every procedural requirement, be it the timing of the notice, its proper service, or getting to the correct court.
Common Mistakes to Avoid
Even a seemingly inconsequential procedural error can lead to the denial of a personal injury claim against the government. Here are the most common pitfalls you need to avoid.
- Filing with the wrong agency. Sending your notice to the wrong department holds the potential to invalidate your claim.
- Missing the 90-day notice deadline. The government rarely grants exceptions when it comes to the Notice of Claim deadline.
- Incomplete or unclear information. Failing to describe how negligence occurred can weaken your case.
- Skipping the hearing or not cooperating. If you receive a 50-H hearing notice, it is mandatory that you be in attendance.
- Not keeping documentation. Photos, medical bills, and witness testimonies function as essential proof.
Remember that these technicalities can make a claim against a public entity in New York challenging, which is why careful preparation matters as much as the facts of the case.
Examples of Government Negligence Cases in New York
Looking at real-world examples of government liability in personal injury cases can help you get better insight into how these claims and lawsuits work.
- Public sidewalk or road defects. It is possible to hold a city or the state liable for failing to repair potholes, uneven sidewalks, and dangerous intersections, especially if it had prior notice of the defect and didn’t fix it in time.
- Subway or bus accidents. Claims against the MTA or NYC Transit Authority often involve slips and falls at stations, sudden stops, or public transportation accidents caused by negligent operation.
- Police or emergency vehicle collisions. While emergency vehicles have special privileges, they must still drive with due regard for the safety of others. As a result, victims of reckless driving can file claims for injuries.
- Public school injuries. Public school students injured due to inadequate supervision, unsafe equipment, or poorly maintained school property may have grounds to sue a school district or the Board of Education.
- Negligence in public hospitals. Medical errors at facilities like NYC Health + Hospitals can lead to malpractice claims.
These examples show that government negligence covers a broad range of situations, from unsafe infrastructure to employee misconduct and negligence.
What Happens After You File?
Once you file a personal injury claim against the government in New York, you may expect the process to unfold in distinct stages.
- Investigation and response. The government may investigate your claim, request documents, or interview witnesses.
- Settlement negotiations. Your case may settle before going to trial, especially if the facts are clear and you present well-documented damages.
- Discovery and hearings. In the absence of a settlement, both sides exchange evidence. Then, a court may hold preliminary conferences or motion hearings.
- Trial in court. If your case goes to trial, a judge or jury gets to decide whether the government was negligent and the damages you’re entitled to.
- Appeals. Either side can appeal the decision within a predefined time period.
When You Might Need an Attorney
Technically, you may file a government negligence lawsuit in New York yourself, but most people find the process too complex to manage alone. After all, government agencies have legal departments experienced in defending claims, and they often challenge procedural mistakes to get cases dismissed. An experienced personal injury lawyer familiar with claims against government agencies can:
- Identify the right agency or entity.
- Draft and file your Notice of Claim.
- Ensure meeting deadlines.
- Gather evidence in the form of witness testimonies, expert opinions, and medical records.
- Negotiate a fair settlement or take your case to court.
Conclusion
The process of filing a personal injury claim against the government in New York requires that you follow strict rules designed to protect public agencies from unfair or surprise lawsuits. However, the same laws also give people a clear path to justice when government negligence causes real harm.
What’s important is to act quickly, document everything, and make sure you file your Notice of Claim with the correct agency within 90 days. With that out of the way, you preserve your right to hold the government accountable and file a lawsuit, if required.
Sure, suing the government for personal injury might seem intimidating, but with the right information and an experienced personal injury attorney by your side, it’s entirely possible to navigate the system successfully and get the compensation you deserve.