There are a number of ways the City of New York can be responsible for your injuries. Maybe you were in an accident with a city bus. Maybe there was a defect in a roadway that caused your accident. Or you may be the victim of police misconduct or medical malpractice at a City hospital. If the City was negligent and you were injured, you may be able to file a personal injury claim against the City. However, unlike other personal injury claims, there are additional requirements when you intend to sue the City of New York.
Notice of Claim
In order to take legal action against the City, you must first notify it of your intent to do so. This is done by filing a “Notice of Claim.” This notice must be filed within 90 days of your accident and must include some important information, including:
- Your name and address and the name and address of your attorney
- Information about the type of claim you are filing
- Details about the accident that caused your injury
- The amount of compensation you are seeking
The Notice of Claim must be served on the governmental department that is authorized to receive it. Once it receives this notice, the City then has the right to investigate the claim.
50-H Hearing
After receiving your Notice of Claim, the City may ask you to participate in a 50-H hearing to gather more information. A 50-H hearing is similar to a deposition where you are asked questions under oath about what happened. There will be questions about how the incident occurred and about your injuries. If the City hasn’t requested a 50-H hearing within 90 days of your notice of claim, you can file a lawsuit. After the hearing, the City then has 30 days to offer you a settlement. If they fail to do so, you can file a lawsuit.
The deadlines involved in a claim against the City are short, so it’s important to act quickly after your injury. The issues can be complicated, so you should consider contacting a personal injury attorney.
Contact an Experienced Personal Injury Attorney
If you’ve been injured due to negligence by the City of New York, you should consult with an experienced attorney as soon as possible. At Bonina & Bonina, P.C., we have been helping the injured for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.