It’s been said that “you can’t fight city hall,” but if you were injured on public property or because of the negligence of a government employee, officer or agent you can pursue a civil lawsuit against the government to recover damages. In short, a municipality or public agency can be held liable for a variety of accidents and injuries. Although pursuing a claim can be complicated without steady hand of an experienced attorney.
The law office of Michael LoGiudice is the premier personal injury firm serving clients in the greater New York Area. We are well versed in the rules governing municipality liability cases and will vigorously fight to protect your rights. We have extensive experience pursuing claims against a variety of municipalities and public authorities including, but not limited to:
- City of New York
- Department of Parks and Recreation
- Long Island Rail Road (LIRR)
- Metro North Commuter Railroad (Metro North)
- Metropolitan Suburban Bus Authority
- Metropolitan Transportation Authority (MTA)
- New York City Department of Education
- New York City Health and Hospitals Corporation
- New York City Housing Authority
- New York City Police Department
- Port Authority of New York and New Jersey
- State of New York
- Triborough Bridge and Tunnel Authority
- Dutchess, Putnam, Nassau, Suffolk, Rockland and Westchester Counties
- Other cities, town and villages in the greater New York area
We routinely pursue a wide range of personal injury claims arising from automobile accidents with public employees, bus and subway accidents, slip, trip and fall accidents, police misconduct/brutality, malpractice against public hospitals, and other acts of negligence.
What is a Notice of Claim?
Before pursuing a civil lawsuit for damages for personal injury, wrongful death or property damage against the state or local government – city, town, village or county, any government agency or employee , it is necessary to first file a document known as a Notice of Claim.
Generally, this notice must be filed within 90 days of the date of the accident or the incident that is the basis of the claim. In a case involving wrongful death, the 90-day period commences on the date of the appointment of a personal representative. In short, a Notice of Claim, must be in writing, signed before a notary public, and include the following information:
- The name and address of each claimant, and of his or her attorney
- The nature of the claim
- The time, place and the manner in which the claim arose
- The items and dollar amount of damages or injuries that were sustained
The Notice of Claim must be served on the government by personal delivery, or registered or certified mail, upon a person authorized by law to receive such summonses or an attorney who represents the public entity. Failing to file a Notice of Claim within the required timeframe, or to include all of the injury claims, may result in a dismissal of the case or claims being barred.
Moreover, 30 days must pass after the date the notice is filed before commencing the lawsuit in order to give the government time to investigate the facts underlying the claim. In addition, the complaint that commences the lawsuit must specifically state that the Notice of Claim was filed within the required timeframe and that the 30-day period has passed.
During these proceedings, the government has the right to conduct an examination of the claimant regarding the incident and the extent of the injuries or damages he or she allegedly suffered. The examination is actually an oral deposition in which attorneys for the government ask the claimant questions under oath, and the answers are recorded by a stenographer. The claimant is typically represented by his or her attorney during the deposition. Lastly, the government may also require the claimant to undergo a medical examination by an independent physician, however, the claimant also has the right to have his or her own doctor present.
Dedicated Municipal Liability Attorney
The law office of Michael LoGiudice has extensive experience pursuing claims against a wide range of municipalities and public agencies in the greater New York area. We recognize fighting a government bureaucracy requires patience and resolve. Municipalities and public authorities typically rely on teams of attorneys, investigators and claims adjusters which gives them an advantage over injury victims. We have the skills and resources that can level the playing field and will fight to protect your rights.
We are well versed in Notice of Claim and other procedural requirements related to pursuing an injury claim against the government and help clients navigate the complexities of depositions and other required examinations. By collaborating with a respected network of medical, forensic and financial experts, we will work diligently to build a successful claim and help you obtain the compensation you deserve. In the end, you can fight City Hall, but don’t go it alone. Fill out a contact form or call our office today for a free consultation.
The law office of Michael LoGiudice serves clients in Manhattan, Queens, Brooklyn, the Bronx, Westchester, Putnam, Dutchess, Nassau, and Suffolk Counties.