Municipalities such as the City of New York are responsible for injuries that occur on their property due to their negligence. They may also be liable for employee misconduct which causes injury to others. Cases against municipal defendants can be complex and daunting to navigate. At Cannata, Hendele & Cannata, LLP our attorneys hold municipalities accountable for their negligence.
Challenges Involved In Municipal Liability Claims
Municipalities have been awarded unique special protections by the courts and the law. The most notable of these protections are the are strict deadlines and procedures that must be followed when starting personal injury claims. Our lawyers are well-versed in bringing lawsuits against municipalities and government agencies and understand how to navigate around these protections.
Filing A Notice Of Claim
Prior to commencing a lawsuit against a municipality, a Notice of Claim must be filed with the proper agency within 90 days of an injury. Although a court may permit a plaintiff to file a Notice of Claim after the expiration of the 90-day period, it is an uphill battle to do so and must be done within one year and 90 days of the date of the accident. It is important to keep in mind that a Notice of Claim is just the first step in bringing a lawsuit against a municipality–it is not an actual personal injury lawsuit. The Notice of Claim’s purpose is to inform the municipality of the intent to file a lawsuit.
Importantly, the process for filing a Notice of Claim may be different for the NYCTA, MTA, the New York City Housing Authority, the NYC School Construction Authority, and other municipalities. Getting a Notice of Claim right the first time is critical. Our attorneys handle all aspects of the filing process and ensure all relevant information is included and important deadlines are met. Our lawyers know which details are important and the specific language that should be used when describing the circumstances of the accident and the resulting injuries.
Once a Notice of Claim is filed, a plaintiff is then allowed to start a lawsuit. That must be done within one year and 90 days of the date of injury.
Are Municipal Workers Allowed To Sue Their Employers?
Certain municipal employees can sue their employers for injuries which occurred on the job, others cannot. However sometimes a different municipal department or agency is the negligent party. If that occurs, the injured plaintiff may be able to pursue a personal injury claim against the responsible department. The law surrounding these types of claims can be confusing and is fact specific. Injured municipal employees should speak with an attorney to determine whether they are eligible to bring a lawsuit for their on the job accident.
How A Municipal Liability Attorney Can Help
We understand that being injured due to no fault of your own can have life-altering consequences. Whether a victim has been injured on the subway, in a public building, or due to police misconduct, our attorneys can help. We have a lengthy track record of success representing plaintiffs in a wide array of claims against New York municipalities. Our responsive team is always here for our clients and assists them in navigating the often treacherous waters of municipal liability injury claims. We are dedicated professionals who are committed to rectifying the damage that the negligence of others causes to injured New Yorkers and their families.
If you or a loved one has been injured due to a municipality’s or government agency’s negligence, contact us at 212-553-9205 to schedule a free, confidential consultation. Our lawyers are here to listen to your story, answer your questions, and help you understand your rights and legal options for pursuing compensation.