Can You File an Injury Claim Against the State of New York?
When you suffer an injury through no fault of your own, you could have a viable personal injury claim. Whether this injury occurred as the result of a car crash, slip, and fall or some other form of accident, your right to recover compensation depends on whether the at-fault party was negligent. Pursuing these claims against individuals or other entities is common. You also have the right to pursue an injury claim against the State of New York if one of their agents caused your injury. The same is true if you are injured by a hazard on state property.
Pursuing a claim against the State of New York is very different from your average personal injury case. There are complex rules you must comply with, and your window of time to bring a case is much shorter. Despite these complications, you could recover the damages you are entitled to with the help of a New York personal injury attorney.
Types of claims against the State of New York
There are only certain types of personal injury claims that you can bring against the State of New York, and they include:
- Vehicle accident claims. Just like with employees who are on the clock for a private business, a state employee operating a vehicle on state business could result in a claim against the state. You have the right to bring an injury claim against the state if their employee injures you while driving negligently.
- Building defects. Dangerous hazards or defects on public property can also lead to an injury claim. This could include slip and fall injuries or contact with a hazardous substance. State employees must warn individuals of the hazard in a reasonable amount of time. Otherwise, the state could be liable for damages.
- Negligent medical care. The state operates some hospitals and medical facilities. A person injured due to medical malpractice in one of these facilities can bring a claim.
- Other negligent accidents. Ultimately, a claim could be available in any case where the state owed a person a duty of care and failed to uphold it.
Filing a notice of claim
One of the biggest hurdles you will face is the notice of claim requirement. Failure to follow these guidelines can result in your case being dismissed forever.
In a lawsuit, your claim will be heard by the New York State Court of Claims. State law requires that you file it within 90 days of the accident occurring. You must also provide written notice to the state within that same time frame.
The courts do have some flexibility when it comes to these notice requirements. You are entitled to ask for permission to file your notice late, although there is no guarantee the court will grant your request.
Discuss your options with experienced injury attorneys at Douglas and London
Because of these strict notice requirements, time is of the essence for every injury claim against the State of New York. While most people have several years before they are prevented from pursuing a claim, the same is not true for a claim against the state or one of its agencies. The attorneys of Douglas & London can help you ensure you comply with these strict deadlines. We have more than 20 years of experience fighting for the rights of New Yorkers, and our track record of success speaks for itself. To learn how we can help you pursue your claim against the State of New York, schedule a free consultation right away.
