Municipal Liability
Our municipal liability lawyers in NYC protect the rights of accident victims who have been injured on government property. When an individual is hurt in an accident caused by a government agency, he or she may have grounds to file a lawsuit against the local municipality. Lawsuits against municipalities and municipal subdivisions, however, differ from those filed against normal citizens and insurance companies. A "municipality" refers to any type of government entity, such as cities, states, towns or villages. A "municipal subdivision" refers to any agency, such as police, EMTs, firemen or teachers that work for the municipality.
At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our municipal liability lawyers can help victims of municipal accidents recover the compensation they deserve. Our experienced attorneys can recoup damages for lost wages, costly medical bills and pain and suffering. As a result, injured individuals should not hesitate to contact a municipal liability lawyer in NYC.
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Do I Have Grounds To File A Municipal Liability Lawsuit?
In order to file a lawsuit against a municipality, injured individuals must be able to prove that a government agency acted negligently. In order to prove negligence, the government agency in question must have had a duty of care to the injured party. A duty of care is a legal obligation that a party has to use a certain degree of care when performing potentially hazardous tasks. The injured individual must then be able to show that the municipal subdivision violated their duty of care. Furthermore, the injured individual must be able to show that the municipal subdivision's negligence was directly responsible for their accident and subsequent injury.
Examples of municipal negligence include but are not limited to:
- Highway or roadway design maintenance failures
- Improper operation of city vehicles
- Lack of driver training
- Subway or railroad accidents
- Faulty traffic lights
It is important for individuals to be aware that accidents caused by a municipal subdivision's negligence do not necessarily provide grounds for a lawsuit. In order to have a valid claim, the injured individual must have sustained either economic or non-economic damages. Economic damages are any monetary losses caused by the accident, such as lost wages, property damage or medical bills. Non-economic damages are any pain and suffering caused by the accident, such as long-term physical pain or emotional trauma.
What Are Some Common Municipal Liability Cases You Handle?
Below are some of the most common types of municipal liability cases we litigate:
Filing A Notice Of Claim For A Municipal Liability Lawsuit
When filing a lawsuit against a municipality or government agency, the injured individual must first file a notice of claim. In New York, municipalities have sovereign immunity, meaning they cannot be sued unless they consent to the suit being instituted. In order to achieve government consent, the injured individual must first file a notice of claim. Typically, a notice of claim must be filed within 90 days of the accident.
When filing a notice of claim, the following must be included:
- Name and address of the party filing the claim, as well as the municipal liability lawyer representing that party
- The nature of the claim, including what happened, the precise time the incident occurred and the location of the incident
- The nature of the injuries suffered
- The damages that the injured party is seeking in their lawsuit
- The document must be verified
Due to the complexities involved in filing a notice of claim, it is important that individuals who wish to file a lawsuit against the city hire an experienced municipal liability lawyer. A skilled attorney will handle all aspects of the filing process, ensuring there is enough information present for the claimant to continue with their lawsuit.
Don't Hesitate To Retain A Skilled Municipal Liability Lawyer
Due to the time constraints imposed by the statute of limitations and the requirement to file a notice of claim within 90 days, individuals who wish to file a lawsuit against a municipality should retain an attorney as soon as possible. In New York, the deadline to file a notice of claim after an accident is 90 days while the statute of limitations is 1 year and 90 days. Our NYC municipal liability lawyers have years of experience representing injured individuals in lawsuits against municipalities and government agencies. We realize there are strict deadlines for filing municipal liability claims. As a result, we handle all of our clients' claims in a timely manner. Our firm will handle all aspects of the legal process, including filing the notice of claim, filing the lawsuit, interviewing witnesses, negotiating settlements where appropriate and pursuing maximum compensation in court.*
How Do I Schedule A Consultation With Your Municipal Liability Lawyers In NYC?
If you or someone you love has suffered an injury due to a municipal accident, you may be entitled to compensation. For a free consultation with our municipal liability lawyers in NYC, call us at 212-406-1700 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, and Chinese.