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Vehicle accidents involving municipal liability are more common in New York than many realize. From collisions with city vehicles to incidents caused by poorly maintained roads, understanding how to file a claim against a municipality is crucial for accident victims seeking compensation.
In this post, Michael LoGiudice, LLP, aims to guide you through filing a claim against a New York municipality, focusing on vehicle accident cases. We’ll cover when you have a valid claim and why legal representation is often necessary.
Remember, while this overview is helpful, each case is unique. The specific details of your accident, the municipality involved, and your damages all impact how best to proceed. Let’s look at situations where you might have grounds for a claim against a local government entity.
When Can You File a Claim Against a Municipality?
Understanding when you have grounds to file a claim against a municipality is the first step in seeking compensation. Here are some common scenarios where New York City or surrounding local governments may be held liable for vehicle accidents:
- Poorly Maintained Roads: For example, a neglected pothole on FDR Drive caused vehicle damage despite multiple repair requests.
- Poorly Maintained Roads: For example, a neglected pothole on FDR Drive caused vehicle damage despite multiple repair requests.
- Malfunctioning Traffic Signals: For example, a collision caused by a days-long traffic light malfunction in Queens without city intervention.
- Inadequate Snow or Ice Removal: A post-snowstorm accident occurred due to an unplowed Bronx street.
- Accidents Involving Municipal Vehicles: For example, being rear-ended by a New York City sanitation truck in Brooklyn.
- Improper Road Design or Signage: Missing stop signs on Staten Island may cause an accident.
These examples illustrate situations where a municipality’s negligence may have contributed to an accident. However, it’s important to note that proving liability in these cases can be challenging. Each scenario requires thorough investigation and evidence to establish that the municipality knew or should have known about the hazard and failed to address it in a reasonable timeframe.
Additionally, your ability to file a claim may depend on whether the municipality was engaged in a proprietary function (acting like a private entity) or a governmental function (performing a uniquely governmental role). This distinction can affect the level of immunity the municipality may claim, making it necessary for an experienced attorney to file correctly.
Steps to File a Claim Against a New York Municipality
Filing a claim against a municipality requires careful attention to detail and strict procedure adherence. Here’s an overview of the process:
- Identify the Correct Entity: Determine which specific government body is responsible (e.g., the City of New York, MTA, or a particular borough)
- Gather Evidence: Collect photos, witness statements, police reports, medical records, and all damages and expenses related to the accident.
- File a Notice of Claim: Submit within 90 days of the incident, including details about the accident, injuries, and damages. Ensure it’s filed correctly. This guide from the New York courts explains how to file suit and gives further information on where to submit paperwork.
- Administrative Review: The municipality may investigate your claim, and you may be required to attend a hearing or provide a statement.
- Negotiate or File a Lawsuit: If your claim is denied or settlement offers are unsatisfactory, you may need to file a lawsuit. This usually must be done within one year and 90 days of the incident.
Each step has specific requirements and potential pitfalls. Errors or omissions can jeopardize your claim, which is why many vehicle accident victims choose to work with an experienced attorney familiar with municipal liability cases.
Your Trusted New York Lawyers
Navigating a claim against a New York municipality after a vehicle accident can be overwhelming, especially when dealing with injuries and mounting expenses. The complex laws, strict deadlines, and unique challenges of government liability cases make professional legal representation helpful and often crucial to your success. At Michael LoGiudice, LLP, we have a proven track record of successfully handling municipal liability cases throughout New York City and the surrounding areas. Our experienced attorneys understand the intricacies of these claims and are committed to fighting for the compensation you deserve.
By choosing our firm, you gain guidance through every step of the claims process, ensuring timely filing of all necessary documents and meeting critical deadlines. We conduct thorough investigations, gather substantial evidence to support your case, skillfully negotiate with government attorneys, and provide aggressive representation if your case goes to trial. Don’t let the complexities of municipal liability law prevent you from seeking the justice and compensation you’re entitled to. Contact us today to get experience on your side.