Founding Attorney
When a negligent party causes injury to someone, the victim has the right to seek compensation. However, the process for doing so is different when a public transportation system is involved. Understanding the differences is critical to protecting your legal rights.
You need a law firm that has experience filing claims against public entities and knows how to claim the damages you need to recover. Find out how the New York City law firm of Michael LoGiudice, LLP can advocate for you.
The Claims Process
When suing a private party, such as another driver in a car accident, the victim generally files a lawsuit and serves it on the defendant. The process works differently when the at-fault party is a New York City government unit or public agency. Here are the steps involved:
- File a notice of claim: First, the victim files a notice of claim with the New York City Comptroller’s Office. This step comes before filing the actual lawsuit, and it allows the city to review the claim and potentially try to settle it before further action is taken.
- Receive the claim number: Once the notice of claim is filed, a claim number is assigned and sent to the victim. Moving forward, the victim should refer to this claim number in all communications with the Comptroller’s Office.
- Investigation: An examiner from the Comptroller’s Office will collect information and details about the accident from the victim and the public agency. The Office may ask the victim to submit such evidence as photographs, medical records, insurance information, and more.
- Possible hearing: During the investigation process, the Comptroller’s Office may require the victim to appear at a hearing. This is an important opportunity that allows the victim the chance to present key details and testimony about the accident.
- Conclusion of the investigation: Once the Office finishes their investigation, it will decide to either approve (settle) or deny your claim. This leads to the next three possible options.
- If the claim is approved: Approving means the Office agrees that New York City is liable for your injury. The Comptroller’s Office may make you a settlement offer and give you 30 days to consider it. If you accept, you will sign a release foregoing further legal action in exchange for the settlement.
- If you don’t agree with the settlement: On the other hand, if you don’t agree with the Comptroller’s Office settlement, you can attempt to negotiate it with the assigned examiner. You can ask for more time to consider the offer as well.
- If the claim is denied or an agreement is not reached: If the Comptroller’s Office denies your claim, or you can’t reach a settlement, you can file a lawsuit up to one year and 90 days after the accident. Before filing a lawsuit, you must wait 30 days after filing the notice of claim and comply with any hearing demand.
What Goes in the Notice of Claim?
Even if you’ve been involved in a personal injury lawsuit before, it’s likely you have never heard of a notice of claim. Unique to lawsuits against public agencies, this notice will need to include the following information:
- Date, time, and location of the accident
- A detailed description of how you were injured
- Your damages (e.g. medical bills, lost income, and pain and suffering)
A New York City personal injury lawyer can assist with what to include in the notice of claim and how to file it with the Comptroller’s Office.
Important Deadlines to Keep in Mind
There are some key deadlines involved in the process of suing a New York City public agency. Missing any of these could be detrimental to your claim:
- 90 days after the accident: Deadline to file the notice of claim.
- 30 days: How long you have to consider the Comptroller’s Office’s settlement offer or ask for more time.
- 30 days: The minimum amount of time you must wait, after filing the notice of claim, to file a lawsuit.
- One year and 90 days after the accident: Deadline to file a personal injury lawsuit.
Who May Be Responsible for Your Injuries?
Identifying the at-fault party is an essential step in any personal injury claim, including one against the government. Various governmental units are responsible for public transportation systems in New York city, including:
- Metropolitan Transportation Authority (MTA) (state agency)
- New York City Transit, a division of the MTA
- NYC Ferry
- Port Authority
- New York City Department of Transportation
- The City of New York
One or more of these, and other, governmental units may have played a role in your accident. Some public agencies are operated at the state level while others are operated at the city level or as an agreement between the city and state.
Sorting out the complex relationships between the various governmental units is important, since failure to correctly identify the at-fault parties could harm your claim. Let a knowledgeable New York City personal injury attorney assist you with this crucial step.
How Long Will My Claim Take?
Whether it’s a claim against a public agency or a private party, the timeline will depend on various factors including:
- The investigation
- How long it takes to acquire evidence of negligence
- The seriousness of the victim’s injuries
- How many parties are involved
- The process of identifying all at-fault parties
- Negotiations and attempts to reach settlement
- Backlogs and delays in court or the Comptroller’s Office
Although some accidents take more time than others to settle, you cannot miss any deadlines. For instance, if you file your notice of claim on time but you haven’t heard back and are reaching the one year and 90-day mark to file a lawsuit, it’s time to speak with an attorney.
Serving Your Legal Needs After an Accident
Were you injured because of negligence on the part of MTA, NYC Ferry, or another New York agency or governmental unit? Let us assist you each step of the way in the claims process. Connect with Michael LoGiudice, LLP to seek the compensation you deserve.