The majority of injury cases involve a private party being injured by the negligence of another private party. Then, the injured party seeks compensation for said injuries from the other private party or, in most cases, from the insurance company of that private party. If you are injured in something like a slip and fall on property owned by an individual or business, this will be something where all private parties are involved. What will happen, however, if you are injured on government property or on a roadway that is supposed to be properly maintained by the government? Here is what you need to know about being injured on government property.
Injured on Government Property? Here Is What You Need to Know
Pursuant to the doctrine of sovereign immunity, the federal government as well as state governments, are immune from lawsuits resulting from torts that occurred on government property, such as a person slipping and falling due to negligent property conditions. New York and other states have, however, waived sovereign immunity from injury claims when an injured party complies with strict procedures and regulations that have been put in place. New York has waived this for injury claims that involve a party being injured on government property, in an accident caused by a government employee while on official state business, patients injured while receiving care in a state-run facility, and other incidences as well.
To bring a claim against the New York government, you must file a notice of claim within 90 days of the incident that left you injured. In some cases, a court may exercise its discretion and grant an extension of the 90 day filing time limit. You may not, however, exceed the statute of limitations for filing a personal injury claim in New York. For claims that are filed against a municipality, you usually need to file within one year and 90 days from the incident that left you injured.
The notice of claim that must be filed is a written document that lets the governing body know about the incident that occurred on government property and resulted in injury. The notice must state your name and address as well as your attorney’s name (if you have retained counsel). It must name any other claimants also. You must also detail what happened to leave you injured, including the time and place where the incident occurred. Furthermore, you will need to detail the damages you sustained, including the injuries you are claiming resulted from the incident.
Once you have filed your notice of claim, the municipality will have 30 days to respond to the notice with a request for a preliminary hearing. This will allow the municipality to start investigating your claim. Additionally, the municipality may request a physical examination be conducted to evaluate your claimed injuries.
New York City Personal Injury Attorney
If you have been injured on government property, talk to Attorney Michael J. Redenburg, Esq. P.C. about your options for pursuing compensation for your injuries. Time is of the essence, so do not hesitate to call. Contact our office today.