You have likely heard about the challenges of suing New York City, New York State, or other municipalities such as counties, villages, or towns. However, if you have suffered an injury due to a municipality’s negligence, you are entitled to seek protection and compensation under New York law. If you believe a municipality is at fault for your injuries, don’t let the challenge deter you from demanding justice.
The New York personal injury attorneys at Buttafuoco & Associates will fight for your rights against municipalities, even when the going gets tough. Read on to learn how these cases work, or call 1-800-NOW-HURT to determine your next steps with a free consultation.
What is a Municipality Lawsuit?
The technical definition of a municipality is any government unit. These units are required to uphold a standard duty of care for their citizens, and organizations that fall under government operation are often the source of a municipality lawsuit. These may include:
- New York public schools
- Public hospitals
- New York Transit Authority
- New York City Housing Authority
- Government-controlled organizations in cities, counties, villages, or towns in New York
There are laws that protect municipalities as well as citizens, so knowing when you can and cannot file a lawsuit can sometimes be confusing. A personal injury attorney can clarify the legalities around this type of case.
When Can I File a Lawsuit Against a Municipality?
First and foremost, as with any lawsuit, in order to file suit against a municipality, you must have suffered economic or non-economic damages due to the municipality’s negligence.
Additionally, just because you suffer an injury on a city street or at a government institution, this does not automatically mean that the municipality itself is responsible. You must prove that your injuries were caused because the municipality breached its duty of care. That means the government or its employees failed to act reasonably (by fixing the issue or putting up clear warnings or protection) when a dangerous condition was discovered.
In some cases, such as sidewalk, street, or pothole damage, New York law states that the municipality must have prior written notice of the hazardous condition before they can be considered negligent for not fixing it or properly warning about it.
Economic damages include medical bills, lost wages, payments for physical therapy and other ongoing medical care, childcare required due to your injuries, and other accident-related expenses.
Non-economic damages, typically known as pain and suffering, include any physical or emotional hardships a victim suffers due to an accident caused by another. Chronic pain, mental health conditions and PTSD, physical disfigurement or limitations are just a few common examples.
Some of the most common municipality-related examples of negligence we see include:
- Hazardous conditions in city parks
- Poorly maintained sidewalks
- Poorly maintained roads
- Medical malpractice at public hospitals or healthcare agencies
- Public school injuries
- Poorly maintained public structures
- Lack of police protection
What can make these cases challenging is what is known in legal terms as sovereign immunity, which prevents citizens from suing government entities without their consent. However, under the New York Court of Claims Act, municipalities must assume liability in the same respect as an individual or corporation would.
The Court of Claims Act also requires victims to file a claim or provide notice of their intent to do so during a specific amount of time. It is important to note that the statute of limitations for a claim against a municipality is significantly shorter than for other types of cases, so securing legal help quickly is often in the victim’s best interest.
What Must I Include in my Municipality Claim?
Your notice of claim must include your name and address and a detailed description of your claim, including the time, location, and description of the specific situation or conditions that caused your injuries. It must also include documentation of your injuries themselves, the damages you are seeking compensation for, and the name of your attorney.
Working directly with a New York personal injury attorney during this initial step can be helpful, as they can ensure that you do not overlook any key details. You have 90 days after the date of your accident to file a Notice of Claim and another year after that date to file the lawsuit itself. (Note that this is different from other personal injury cases, which allow a statute of limitations of up to three years.)
Once you submit your Notice of Claim, the municipality will review it and also conduct an investigation. As part of this process, you may have to give a deposition where you provide answers to questions under oath. Victims must also be able to prove that the municipality itself, not just a single individual such as a police officer, was responsible for their injuries. And finally, the municipality can legally require you to undergo an additional physical examination.
Do Municipality Lawsuits Take Longer to Resolve?
In the State of New York and elsewhere, lawsuits against municipalities often take longer than other types of lawsuits. Even though the deadlines for filing a Notice of Claim and the lawsuit itself are much shorter than with other cases, active lawsuits against public entities often experience significant delays.
Municipal courts are often backlogged, and the initial deposition process before the lawsuit is active can take a long time. Government defense attorneys will also fight with all their might to contest the municipality’s liability, and may require extensive investigations to determine whether, for example, the municipality is responsible for injuries caused by road, sidewalk, or other infrastructure.
Sometimes these cases can stretch years, so having an attorney on your side can reduce your personal burdens, such as gathering evidence to build a case.
What to do After a Municipality-Involved Accident
It is essential to take several steps after you are injured in an accident for which you believe a municipality was responsible. First, if you are capable, take photos of the accident site and your injuries, or have a passenger do so if they are able to. If there were witnesses to the accident, take statements and gather contact information.
After this, immediately seek medical treatment for your injuries. This step is crucial to gathering evidence that will support your claim. Keep all medical records and medical documentation of your injuries. Due to the shorter statute of limitations in municipality lawsuits, getting a personal injury attorney in New York on your team sooner rather than later may be to your benefit.
At Buttafuoco & Associates, we are committed to protecting the rights, health, and property of victims against municipalities’ negligence. States, cities, and townships all have robust legal resources, so working with an experienced attorney can help you maximize compensation and ensure that you can make a full recovery.
Call 1-800-NOW-HURT today for a free consultation.
