Can I Sue the City of New York if I’m Injured While Walking Near Road Construction?
- Posted on: Sep 15 2018
If you were injured while walking near road construction, you may need to sue to receive the compensation you’re owed. But who do you sue? Your first inclination is likely the construction crew, but you may also want to consider suing the city of New York. Suing a city for personal injury isn’t as simple as suing a business or person, but it can be done. The process is, however, longer and more complex.
Make a Notice of Claim
Before you can sue a city, you have to file what’s called a Notice of Claim. This notice needs to include all of the names and contact information for those involved in the accident, the nature of your claim, a detailed description of what happened and when/where it occurred, and the compensation you want. You must file your notice within 90 days of the date of the accident. You cannot start your lawsuit until you’ve filed the Notice of Claim, but your lawsuit, also must be filed within a year and 90 days after the incident. Note that the court may extend the deadline for your Notice of Claim, but you must be able to prove that you could not have made the claim within the 90-day period.
Just like with any personal injury case, you need to establish that the City of New York was negligent in some way and that this negligence led to your injury. This means you’ll need to show that the city had a duty of care towards you, that they in some way breached that duty, and that you have proof that they were negligent in such a way that caused you physical harm. This isn’t always easy, which is why you need to have a good amount of evidence to submit to the court. This includes your medical records, photos from the accident, and testimony from witnesses.
Suing the City of New York will take more work than a normal personal injury case, which is why you need the help of an experienced attorney. Held & Hines LLP is here to assist you with any personal injury case. Contact us today to schedule a free consultation.