Can I Sue the City of New York for a Personal Injury?

Yes, you can sue the City of New York if you can prove that a person or agency operating on the city’s behalf caused or contributed to your accident. The government should be held accountable for its negligence, just like any other liable party.

Our NYC personal injury lawyers help people like you pursue damages from negligent government agencies and employees. Oresky & Associates, PLLC, will confront the City of New York and its representatives on your behalf and fight relentlessly for just compensation, regardless of your immigration status.

Legal Options: How Do I Get Compensation From the City of New York After an Accident?

To get financial compensation for your injuries, you first have to notify the City of your intent to make a claim. There is a strict 90 day time limit for doing so with a “Notice of Claim”.

Suing the city of New York is more complex than suing non-government entities. The legal doctrine of sovereign immunity states that the government is immune from lawsuits unless it agrees to be sued. As the New York City Bar explains, the City of New York “has waived its sovereign immunity” up to a point.

As long as you follow the city’s strict laws and guidelines, you can file suit and pursue financial damages. Our personal injury attorneys will help you do so. In some cases, there may be other at-fault parties that you can sue instead of or in addition to suing New York City. Such a party might be:

• A contractor hired by the city.
• A business that operates on city property.

Deadlines to Sue the City of New York

CPLR 217-A lists the deadlines you have to meet to retain your right to sue New York City:

• First, you must notify the city of your intent to sue within 90 days. Your Notice of Claim must include all relevant details about who you are, how the accident happened, and how much compensation you are asking for.
• In addition, you generally have one year and 90 days to file your lawsuit. If you miss this deadline, you lose your right to compensation.

New York City is also obligated to meet certain deadlines when responding to your legal action. If they violate your rights, our legal team will hold them responsible.

Do I Have a Case? Eligibility for a Personal Injury Claim Against NYC.

Under CPLR 1411, you are eligible for compensation if someone else — in this case, New York City — is either partially or totally responsible for your accident. Even if you contributed to the incident yourself, you retain the right to sue, although the money you receive will decrease as your proportion of liability increases.

It is part of our job to seek maximum compensation by proving you had little or nothing to do with the accident.

What Is Needed to Prove a Claim Against the City of New York

You need proof of the following five elements of negligence:

• The City of New York owed you a duty of care.
• The city failed to uphold its legal duty.
• The city’s failure caused your accident.
• Your accident caused your injuries.
• You complied with all of the conditions precedent to suit.

Our New York City law firm will prove these elements with evidence from all available sources. This may include but is not limited to:

• Reports from the New York City Police Department, the New York City Fire Department, or whoever responded to your accident.
• Official government records and documents, which our personal injury attorneys will ask the city to turn over during discovery.
• Your medical records and reports, which detail the injuries you sustained.
• Testimony from subject matter experts who can discuss specific aspects of your case (we will locate and recruit these experts for you).
• Testimony from witnesses who saw the accident.
• Video or photos from cell phones, traffic cameras, or surveillance cameras.

Types of Accidents You Can Sue the City of New York For

There are many ways that the New York City government can cause a personal injury. Oresky & Associates, PLLC, is prepared to assist with situations like the following:

• Car accidents involving government vehicles or unsafe roadways that the city failed to maintain.
• Slip and falls that occur on government property.
• Other kinds of premises liability cases, such as incidents caused by poor lighting or inadequate security.
• Medical malpractice, if you were harmed by the negligence of a city-run hospital, like any of the facilities that fall within NYC Health + Hospitals.

What Injuries Can I Sue New York City For?

As long as you can connect your injuries to New York City’s negligence, the city may owe you compensation. Our legal team is prepared to assist those with serious but treatable injuries (e.g., bone fractures and mild concussions), as well as those with catastrophic injuries like:

• Brain damage
• Limb loss
• Severe burns
• Nerve damage
• Organ damage
• Spinal cord injuries

If you suffered psychiatric or emotional injuries from the accident, we will take that into account as we seek damages on your behalf.

Get Help to Sue New York City

For more information on how to sue the City of New York, call Oresky & Associates, PLLC, at (718) 993-9999. We can evaluate your case for free.

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What Damages Can I Recover If I Sue the City of New York?

You are entitled to compensation for economic damages, including:

• Past and future lost wages
• Past and future medical expenses
• Lost or damaged property
• Loss of services
• Loss of union benefits and other job benefits

These damages will help you support loved ones and get the medical care you need to recover as much as possible from your injuries.

You are also entitled to non-economic damages for physical and mental distress, including:

• Past and future pain and suffering
• Emotional trauma
• Partial or total disability
• Reduced quality of life
• Loss of consortium
• Disfigurement and scarring

The amount you receive from the City of New York depends on the specifics of your case. For instance, someone who was hospitalized for one night and required short-term treatment and prescription medication will likely receive less for medical expenses than someone who required extensive hospitalization and rehabilitation.

The liable party might try to minimize your payout, but our legal team will not let them. Let us negotiate with the government and/or the insurance company so they pay what you deserve.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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What Should I Do to Sue New York City for an Injury?

Suing the City of New York for an injury is not easy, but our accident injury lawyers are ready to start helping you right away. The first steps you should take to preserve your rights and avoid complications are:

• Get medical treatment. Protect your health and prove you are taking your injuries seriously by requesting emergency care if you require it or seeing your own healthcare provider immediately.
• Follow through with treatment. Do what your doctor recommends, whether that is bed rest, physical therapy, or surgery. Our legal team will fight for reimbursement for these medical costs.
• Call our personal injury lawyers. We will explain your rights, answer your questions, and ensure you have all the knowledge necessary to decide if you want to sue New York City.
• Let our law firm do the work. A single unintentional mistake could put your case at risk. We will manage your entire case so you can focus on healing.

Start Your Case Against New York City Now

The experienced personal injury attorneys at Oresky & Associates, PLLC, have been advocating for accident survivors for over 30 years. Now, we will help you sue the City of New York after a personal injury or a wrongful death that they could and should have prevented.

After an accident, you deserve legal representation from a firm that is consistently honest with clients and will go the extra mile to achieve a fair outcome. Call us at (718) 993-9999 today to get started. Our bilingual staff can assist you in Spanish or English.