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Can You File A Personal Injury Claim Against The Government?

Accidents are an unfortunate inevitability, no matter where you are. While your first instinct in an accident may be to accuse an individual or a business of being responsible for your injuries,  sometimes a government entity may be the main culprit. But can you sue the government for damages? Learn everything you need to know about when something like this may happen and how to seek compensation for your injuries.

Sovereign Immunity In New York

Historically, the doctrine of sovereign immunity protected governments from being sued by their citizens. But the New York Court of Claims Act has mostly waived the state’s right to sovereign immunity as long as the person suing files a notice of claim. You would also need a specific reason to sue your local government. You also have a 90-day time limit to submit your form; anyone filing after this deadline will most likely have it dismissed.

Common Types of Claims Against The Government

In New York, you could file several types of claims against the government. Here are a few of the most prevalent ones:

Slip And Fall

Unfortunately, slip and fall accidents on government property are not uncommon, especially during the winter. From slippery floors to icy steps, your local government and the property owner must keep the premises safe from all potential hazards. When they don’t do this, they could be liable for your injuries.

Damages From Poorly Maintained Roads

Occasionally, you may encounter potholes, uneven pavement, or hard-to-read road signs while driving. But when these conditions cause you to have a severe accident, local authorities may be held responsible for not maintaining the road properly.

Government Vehicle Accidents

With thousands of government-operated vehicles on New York’s roads daily, an accident involving one is inevitable. Like any accident, driver error, lack of training, or mechanical failures can be a few reasons why the accident happened in the first place. Since these vehicles are under the government’s jurisdiction, you can pursue a claim against the government agency if you can prove they’re responsible.

How To File A Claim Against The State’s Government

Filing a suit against the state’s governing bodies may be more complex than standard personal injury cases. Here are the main steps you need to take:

  • Submit A Notice Of Claim: This vital document serves as an official declaration to inform your local municipality that you are filing a claim against them.
  • File Everything Before The Deadline: New York gives you 90 days to complete your initial form. After you finish this step, most cases have a year and 90 days to sue the governmental entity. 
  • Gather Evidence: Whether you’re gathering visual proof, medical reports, or witness statements, having detailed evidence will significantly strengthen your claim.

Contact Our Experienced Attorneys Today

When challenging a governmental entity, having a knowledgeable attorney by your side can make a significant difference. Our team of New York personal injury lawyers is well-versed in the state’s laws and will help you file your claim successfully. Please contact us online or call us at (866) 574-0809 for more information or to schedule a free case review today.