More About New York Injuries

Personal Injury Lawyers New York, Helping Hold Municipalities Accountable

New York Personal Injury Lawyers
Helping Hold Municipalities Accountable

New York is the biggest city in the United States, and as a result there are more services and other governmental functions here than in any other city in the country.  As a result of all of these city workers and functions, accidents tend to happen at a high rate that injure private citizens.  When this situation arises, those who have been harmed need to seek the help of a New York personal injury lawyer, as there are several steps that must be taken before someone who has been harmed can file a New York personal injury lawsuit against the city in state court.  Below is a brief overview of this issue.

Required Procedure when Injured by a City

When someone is injured by a municipality worker or vehicle, for example, that person must take several procedural steps before filing a lawsuit in court.  The first step that must be taken is to file what’s known as a Notice of Claim with the city within 90 days of the incident that caused the injury.  This Notice of Claim must be filed with the city’s comptroller office in order to be valid.  The claim must also contain all of the specifics of the incident in question including the parties involved, what occurred that led to the injuries and a specific description of the injuries suffered and the damages sought for recovery.

Once the Notice of Claim is received by the city, the municipality has up to 30 days to request either a pre-lawsuit hearing or a pre-lawsuit medical examination to analyze the alleged injuries that were suffered.  Of course, the city could always decide to accept the claim and agree to pay the damages that are being sought.  In addition, the city could decide to reject the claim.  If the city rejects the claim, then the person who has been injured has the right to file a New York personal injury lawsuit in court, and this lawsuit would proceed like any other claim.

Importance of this Procedure

While it may seem as though these procedures are nothing more than bureaucratic red tape and nonsensical delays, the reality is that failing to follow these procedures can seriously harm the claim, and in some cases the claim can be dismissed as a matter of law if the procedure is not followed.