In New York City, accidents and injuries are unfortunately common.
Individuals injured on city property or by city employees often wonder if they can hold the City of New York legally accountable.
Here are several scenarios where you might consider suing the city:
- Traffic incidents with city vehicles like buses or police cars.
- Malfunctioning public infrastructure such as damaged roads or bridges that cause accidents.
- Actions by police or correctional officers, such as excessive force or wrongful arrest, leading to injuries.
- Slip and fall incidents due to poorly maintained city sidewalks or properties.
Filing Requirements: Notice of Claim
To sue the city, you must file a “Notice of Claim” within 90 days of the incident. Missing this deadline usually prevents you from proceeding with your lawsuit.
Statute of Limitations
After filing the Notice of Claim, you have one year and 90 days from the incident date to file a lawsuit. Adhering to this timeline is crucial for maintaining your legal rights.
Proving the City’s Negligence
A successful lawsuit against the city involves proving its negligence. This means you must demonstrate that the city was aware or should have been aware of the hazardous condition and did not rectify it promptly. Amassing evidence like maintenance records, witness accounts, and expert testimonies is often necessary.
Recent Claims Data
According to the latest Annual Claims Report by Comptroller Brad Lander, personal injury claims against the city surged by 24% to 18,895 in fiscal year 2023, up from 15,202 in the prior year.
Costs and Settlements
These claims were the most costly, totaling $733.3 million, which is 99% of the $739.6 million paid in all tort claim settlements. The average cost of settling a personal injury claim rose to $134,656, though the median settlement dropped to $15,000.
Claim Types and Payouts
Claims frequently involved police (5,092 claims), correctional facilities (4,118), and sidewalks (2,350). The costliest claims involved motor vehicles and civil rights.
High-Value Claims
There were 139 claims over one million dollars, totaling $365.3 million, half of all personal injury claim settlements.
Geographical Distribution
The Bronx had the highest number of personal injury claims, partly due to Rikers Island’s location.
Potential Outcomes
Successful cases can bring compensation for various damages, including medical expenses and pain and suffering. However, legal battles with the city are often complex and outcomes vary.
Legal Assistance
Given the complexities, consulting an experienced personal injury lawyer is crucial. An attorney can help manage deadlines and build a strong case.
While suing the City of New York is feasible, it involves intricate legal navigation and clear demonstration of negligence.
With the increase in claims and their associated costs, it’s vital to seek expert legal advice to evaluate and pursue your case.
Contact Oliveri & Schwartz at 212-987-1100 with any questions you may have.