If you have been injured due to the negligence of another party, you have the right to file a claim against that party to recover compensation for the damages you’ve incurred. However, if the responsible party is a government entity, you may be uncertain whether you still have the right to seek compensation for your damages. Fortunately, the state of New York allows you to take legal action against a government entity. Although you may have the right to pursue legal action against a government entity, these cases are often more challenging to prove. That said, you’ll require the help of an experienced New York City & Westchester County Personal Injury Attorney who can help you navigate the complexities of this legal process. Please continue reading to discover what you need to know when taking legal action against a government entity.
WHEN CAN I TAKE LEGAL ACTION AGAINST A GOVERNMENT ENTITY FOR MY INJURIES IN NEW YORK?
Unfortunately, accidents can happen at any time due to negligence. However, when they occur on government-owned transportation or properties, it can make the claims process all the more challenging. Under New York law, you can sue the state for negligence, similarly to how you would sue a private party. This is because the New York Court of Claims Act stipulates that the state of New York consents to being sued in court under the same circumstances a private individual would sue another person. Nevertheless, despite having the right to take legal action, you must be able to prove their negligence directly caused your injuries and damages.
As mentioned above, taking legal action against a government entity differs from taking legal action against a private party. Specific deadlines must be met when pursuing legal action against a government entity. You must file a Notice of Claim, which essentially provides notice to the government entity of your intentions to pursue legal action against the. In New York, you must file a Notice of Claim within 90 days of the accident.
WHAT IS COVERED UNDER NEW YORK’S COURT OF CLAIMS ACT?
The state of New York can be sued in nearly any situation where a private party could be liable for negligence. If you were injured in a car accident and the other motorist was a state employee on state business, such as a bus driver, you can hold them accountable for their negligence. If a public government building has a dangerous or defective property condition, you can have a government entity responsible. Most accidents are covered under New York’s Court of Claims Act if you prove that the state is liable for your injuries.
If you want to take legal action against a government entity for your injuries, contact a trusted attorney from The Bàez Legal Group today. These cases are often more complex and require quality legal support. Allow our firm to help you seek reasonable compensation for your damages.