While the process may look quite different, it is possible to bring a personal injury claim against the State of New York. Observing the formalities required of bringing such claims can be critical to successfully navigating the process. The prospect of bringing a personal injury claim against the government may be daunting, but there is little time to hesitate. We will talk in more detail about bringing an injury claim against the State of New York here.
Can You Bring a Personal Injury Claim Against the State of New York?
The New York Court of Claims Act covers injury claims brought against the State government. While it is the default for states to enjoy sovereign immunity, which is protection against being sued, most all states waive this immunity in some way to allow injured parties to bring claims against the government seeking compensation for the harm they have suffered. The New York Court of Claims Act waives sovereign immunity from liability. Furthermore, it consents to be sued in court under the same rules that private individuals would use to bring suit against one another. What this means is that those injured by government negligence can sue the state just as they would sue a private party for damages caused by negligence.
Because of the New York Court of Claims Act, an injured party can bring suit against the state government for:
- Injuries sustained in a car accident cause by the negligent driving of a state employee while on government business
- Injuries sustained due to a dangerous or defective property condition on public property or in a public building
- Injuries suffered due to negligent medical care or treatment in a state-run medical facility
While the right to bring a claim against the government exists just as the right to bring a claim against a private party exists, the procedure is different. For instance, claims against the State of New York or any state government entity must be filed in the state’s Court of Claims. This is true of all claims against the state government. Also, time is of the essence in filing your claim. In fact, you usually will only have 90 days from the date of the accident to file a claim against the state government for personal injury or property damage. Failure to comply with this time limit is likely to result in your claim being barred.
Westchester Personal Injury Attorney
Have you been injured on government property or harmed by the negligence of a government employee? Do not hesitate to call Attorney Michael LoGiudice. The clock on these types of claims starts ticking right away and runs out very quickly. Protect your right to compensation by getting in touch with our office right away. We will take immediate steps to bring your claim against the government and start the pursuit of your right to recover full and fair compensation for the harm you have endured. Contact us today.