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How to Sue NYC for an Injury
Superior Skill, Superior Work Ethic, Superior Results
Tripping on an uneven manhole cover. Getting into an bus accident. Slipping and falling on a public sidewalk. Getting assaulted in a public park.
In many of these personal injury cases, New York City itself will be the defendant.
As you might expect, suing the city is a little more complicated than suing a private company or driver. You can fight the proverbial City Hall, but they do put a whole lot of roadblocks in your path.
You Must Move Fast
Launching a lawsuit against the city requires you to first file notice. You have just 90 days from the date of the accident to notify the city of your claim.
Fail to meet this deadline, and you will never be able to cover compensation from the city.
Once you’ve filed the Notice of Claim you will receive a claim number. You will then be barred from taking any other action for 30 days. This allows the city to review, investigate, and perhaps make a settlement offer.
The city may require you to attend a 50H hearing. This is a hearing where you will be asked to give testimony, under oath, about the circumstances of your injury. You should not attend this hearing without your personal injury lawyer. All of your answers go on the record, and you need to be prepared. In addition, you should expect the City to require you to take a medical exam.
After the 30 days have passed, if you and your attorney determine that it’s appropriate for you to launch a lawsuit, you will have just one year and 90 days after the injury incident date to file your claim.
You Must File in the Right Place
There are different places to file depending on whether you’re suing a Mayoral agency or a non-Mayoral agency. Figuring out the difference between the two isn’t always easy.
If it’s a Mayoral agency, you must register your claim with the New York City Comptroller. If it’s a non-Mayoral agency you have to file the claim notice directly with the agency.
Get Help Today
When you are making a claim against the city you are going up against a major entity who is quite adept at avoiding payouts. Your only hope is to work closely with a personal injury law firm who has experience with this form of lawsuit.
Reach out to the RLF law firm for a free case review today. We’ll help you maximize your compensation.
See also:
Why Does It Take So Long to Settle a NYC Personal Injury Case?
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SCOTT B. RICHMAN, ESQ.
Managing Member & Founder
5.0
on AvvoMr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines.