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When someone loses their life due to the negligent or reckless conduct of another party, eligible survivors have the right to file a wrongful death lawsuit. However, there are special rules that apply when the at-fault party is a New York City government agency. Failing to understand these could jeopardize your legal case.
If your loved one died due to negligence on the part of New York City, you need an attorney who knows the special considerations that apply. Find out how Michael LoGiudice, LLP can assist you and your family.
Notice and Timelines When Suing New York City
Before you can file a lawsuit against an agency of New York City, you must first file a Notice of Claim. You have 90 days from the date of the fatal accident to provide the notice. Also, you must include all claims you intend to pursue in the notice.
You will receive a claim number once you file the notice. After this, you must wait another 30 days to give the city time to review and potentially settle the claim. Once the 30 days pass, you can file the wrongful death lawsuit.
Lastly, any claimant must file their lawsuit at the latest within one year and 90 days of the accident date. Importantly, it’s the date of the accident – not the date of the filed Notice of Claim – that starts the clock running.
Are There Caps on Damages?
New York does not limit or “cap” damages on wrongful death claims. In fact, the state Constitution prohibits these caps and therefore allows grieving survivors to seek the maximum amount of available compensation. The same applies with respect to punitive damages.
However, there are two important qualifications concerning punitive damages in a wrongful death lawsuit. First, they are not available in every case, but only those with evidence of extreme negligence or intentional wrongdoing. Second, a court is likely to view punitive damages as being excessive if they exceed ten times the value of other damages.
What To Know About Venue
Venue has to do with filing a lawsuit in the correct court. The right court will have venue, but sometimes plaintiffs have multiple venues from which they may choose. Your New York attorney will know which court is correct and best for your wrongful death matter.
Generally, a plaintiff needs to file a lawsuit in the county in which the government agency is seated. For example, when suing New York City, the plaintiff should file in the county where the cause of action (e.g., the fatal accident) occurred. But this can be more complicated when a specific agency like the New York City Transit Authority is implicated.
Lawsuits involving public authorities such as transit services will usually be tried in either the county where:
- The authority has its main office
- The facilities that are relevant to the lawsuit are located
Mayoral and Non-Mayoral Agencies
Plaintiffs should also distinguish between a New York City mayoral agency and non-mayoral agency. When suing a mayoral agency, the plaintiff must register the claim with the City Comptroller (even though the City is being sued). Plaintiffs must direct lawsuits against non-mayoral agencies towards the appropriate entity.
This can get complicated when a person is suing a state entity that was conducting business within the City. But the title of “Department” usually indicates that the entity is part of the New York State government. Knowing distinctions like these is key to properly serving your lawsuit on the defendant.
The Value of Experienced Legal Counsel
The nuances of suing the government can be complex, which is why you need experienced legal representation who is ready to advocate for you. Count on Michael LoGiudice, LLP to serve you and your family during this difficult time. To get started on your wrongful death lawsuit, contact us today.