Municipal Liability Attorney Helping Residents in NYC
Thousands of New Yorkers are injured in accidents each year, at times on public property or in accidents involving government employees. While it is possible to hold a municipal agency or other public entity legally responsible, pursuing a municipal liability claim is complicated. This is why it is essential to have an experienced personal injury attorney to rely on.
Scaffidi & Associates is one of the premier personal injury law firms serving clients in the greater New York area. Our legal team has extensive knowledge of the rules and procedures governing municipal liability lawsuits, including shorter time frames to bring a claim and special filing requirements, and a well-earned reputation for providing our clients with aggressive legal representation. We are dedicated to holding responsible parties accountable and helping injury victims obtain the maximum compensation.
Injury Claims Against Municipalities and Public Authorities
The City of New York, and other municipalities and public agencies, are responsible for entities such as the police department, the sanitation department, and prisons, among others, in addition to maintaining government buildings, bridges, tunnels, roads, sidewalks, and parks. Although the government is required to provide a safe environment to residents, visitors, and employees, negligence frequently leads to a wide range of accidents and injuries.
At Scaffidi & Associates, we routinely handle claims against a variety of municipalities and public authorities including, but not limited to:
- City of New York
- Department of Parks and Recreation
- Metro-North Commuter Railroad (Metro-North)
- Metropolitan Suburban Bus Authority (MSBA)
- Metropolitan Transportation Authority (MTA)
- New York City Transit
- New York City Department of Education
- New York City Health and Hospitals Corporation
- New York City Housing Authority
- New York City Police Department
- New York City Department of Corrections
- Port Authority of New York and New Jersey
- State of New York
- Triborough Bridge and Tunnel Authority
- Other cities, towns, villages, and counties
We have experience pursuing injury claims arising from:
- Slip, trip and fall accidents
- Bus and subway accidents
- Automobile accidents with city employees
- Police misconduct/brutality
- Malpractice against public hospitals
- Claims for injuries to students at school or during after school programs
- Hazardous conditions (exploding pipes and manhole covers)
- Other negligent acts
If you have been injured due to the negligence of a government agency or public employee, we will guide you through the legal system, handle all the details of your claim, and aggressively fight for your right to just compensation, so that you can focus on recovering.
What is a Notice of Claim?
In order to file a civil lawsuit for damages for personal injury, pain and suffering, or property damage against the state or local government agency or a public employee, you must first file a notice of claim with the appropriate entity within 90 days of when the accident occurred. In the event of a wrongful death claim on behalf of the decedent’s Estate, the 90-day period begins on the date that a personal representative of the estate is appointed. The law requires that a timely personal injury notice of claim be filed in order to file a notice of claim for wrongful death.
Elements of a Notice of Claim in New York
The Notice of Claim must be in writing, signed before a notary public, and include the following information:
- The name and address of the claimant
- Contact information for the claimant’s attorney
- The nature of the claim
- The time, place and incident underlying the claim
- Details of the damages or injuries sustained
In addition, the notice must be served by personal delivery, registered mail, or certified mail to the person legally authorized to receive such notices of claim, or, under certain circumstances, that public authority’s lawyer. Failing to meet any of the requirements for serving the notice of claim may lead to the case being dismissed or claims being barred.
The government has 30 days after the date the notice has been served to investigate the underlying facts of the claim before a lawsuit can be filed. It is worth noting that the complaint initiating the lawsuit must include a statement to the effect that a notice of claim has been served and that the 30-day period has expired.
In most cases, the government will conduct its own examination of the incident and the injuries the claimant has sustained. There are two aspects of the government’s examination. The first is an oral deposition at which government lawyers ask the claimant questions under oath and the answers are recorded and transcribed by a stenographer. We prepare our clients for these hearings, are always there to represent our clients when they are being deposed. In addition to the oral deposition, the government may also require the claimant to undergo a medical evaluation by a physician of the government agency’s choosing. We will be there to represent you at that examination and to protect your rights.
Contact Our NYC Municipal Liability Attorney
Scaffidi & Associates has a proven track record of successfully pursuing municipal liability claims in the greater New York area. We are keenly aware that municipal bodies rely on teams of attorneys, investigators and claims adjusters, giving them an unfair advantage over the unrepresented injured parties. We leverage our legal knowledge, technology, and skills to level the playing field and vigorously fight to protect our clients’ interests. We have extensive experience preparing and filing notices of claim against the City of New York, other municipalities and public entities. We provide guidance and oversight to clients throughout the proceedings, including depositions and other required examinations, and settlement negotiations.
We are prepared to litigate any matter in court. When necessary, we will collaborate with a respected network of medical experts and financial professionals, who can help to assess the full value of a claim. If you have been injured on public property or in an accident with a public employee, it is crucial to know your rights. Get in touch with our office today or complete the contact form on our website to set up a consultation.