If you believe you have rights to a personal injury or wrongful death action against a NY public agency, it’s wise to seek the advice of a NY Personal injury attorney. Filing a claim against a New York public agency is mired in procedural timelines and requirements, and a single misstep can compromise your entire action.
Experienced New York personal injury attorneys will review your claim and successfully guide you through the instructions for filing actions against New York public agencies.
Claims against NY Public Agencies
If you have suffered due to a NY public agency’s negligence, there are important details you need to know when filing an action against them. Though your personal injury attorney is best equipped to navigate the claims process, here are some points to consider:
1. Notice is Required
To initiate action against a New York City agency, you are required to give it notice. You have 90 days from the date of the accident or claim incident to notify the City.
Failure to notify the City of a claim within the 90 day time requirement, or failure to list all claims, may risk your claim(s) being time-barred.
2. 30 Day Waiting Period
Once you have filed a Notice of Claim and received a claim number, you must wait 30 days before taking any other action. The 30-day wait period allows the City to review, investigate, and perhaps settle the claim. Once the 30-day wait has passed, you may proceed with your lawsuit.
Beware: Lawsuits must commence within one year and 90 days after the injury incident date, not the date of the filed claim.
3. Actions Against Mayoral Agencies
When filing a lawsuit against a New York City Mayoral agency, you will need to register your claim notice with the City Comptroller. However, the entity being sued is the City of New York:
City of New York, Attn: Corporation Counsel
100 Church St., 5th Fl., New York, NY 10007
When completing your application for summons, enter the claim number provided by the Comptroller, and identify the defendant as the City of New York.
4. Actions Against Non-Mayoral Agencies
Actions against non-Mayoral agencies in New York should be directed to the appropriate agency. You will file a claim notice directly with the agency, and if required, the agency will provide a claim number. When completing court forms, list the agency you are suing as the defendant.
Note: The word “Department” in a NY City agency’s title generally means that the entity being sued is the City of New York. State and Federal government agencies are different entities, with varying courts of processing and locations.
Do You Need a NY Personal Injury Attorney for Actions Against NY Public Agencies?
The rules and regulations governing claims against New York public agencies are complex and diverse. Without the expertise of an experienced NY personal injury lawyer, you could be risking your entire case with one mistake.
New York personal injury attorneys specialize in navigating procedural guidelines and time restrictions. The few points outlined above serve as general guidelines, but even those have nuances and exceptions that only a skilled attorney will know.
Don’t jeopardize your right to justice and fair compensation. Contact our New York office today for a comprehensive case review by one of our highly qualified NY personal injury attorneys.