Filing a Claim in New York

Hire the Attorney Right for Your Case

Filing a claim against a city or municipality after suffering an injury caused by negligence or wrongdoing of the city or municipality can be an incredibly difficult task if you don’t have the necessary experience or knowledge. There are a number of roadblocks that could easily stop your case dead in its tracks before it gains any momentum, so hiring the right attorney to handle your case is key to fighting to secure the compensation you need to cover any medical bills or damages you may have incurred.

Call The Perecman Firm today at (212) 577-9325 to discuss your case with an experienced NYC attorney.

At The Perecman Firm, P.L.L.C., our NYC injury attorneys have dedicated their careers to providing injured victims with the passionate and knowledgeable legal representation they require to secure the outcome they need. We have successfully recovered more than half a billion dollars in verdicts and settlements for our clients since we first opened our doors more than 40 years ago, and are committed to providing each new client we take on with the assistance they require to move on to the next phase of their lives.

What Do I Need To Do To File My Claim in New York City?

In the State of New York, before filing a lawsuit against a municipality (city, county, town, village, fire district or school district) for personal injury or wrongful death caused by the negligence or wrongful act of the municipality, or any officer, agent, or employee of the municipality, you must serve a Notice of Claim upon the municipality. Most of the time, the Notice of Claim must be served on the municipality within ninety (90) days of the occurrence or accident, however for certain types of claims, such as medical malpractice and wrongful death, the ninety (90) days can begin to run from dates other than the occurrence or accident. Therefore, you should always consult with an attorney to find out the right time limits for your situation.

In New York statewide, you can serve the Notice of Claim by personal delivery or by registered or certified mail. New York City allows Notices of Claim for personal injury only to be served through their eClaim system, in addition to the other methods: personal delivery or by registered or certified mail. In most New York City cases, your claim needs to be served on the New York City Comptroller’s office, unless you are filing a tort claim against one of the following Authorities^[1]:

• Hugh L. Carey Battery Park City Authority
• Metropolitan Transportation Authority (MTA)
• MTA Bus Company (MTABC)
• Staten Island Rapid Transit Authority
• New York City Health + Hospitals (HH)
• New York City School Construction Authority
• Manhattan, Bronx Surface Transit Operating Authority (MABSTOA)
• Port Authority of NY and NJ
• Triboro Bridge & Tunnel Authority
• New York City Housing Authority (NYCHA)
• New York City Transit Authority (NYCTA)

When serving a Notice of Claim against one if the Authorities listed above, you MUST serve your claim on the appropriate Authority, and NOT the Comptroller’s Office.^[2] Remember that these rules can be complicated and confusing, so you should always consult with an attorney to make sure that you are complying with all laws, rules, codes, and regulations.

What Types of Claims Can I Bring Against the City or Municipality?

There are a number of claims you can file against the city or municipality, including, but not limited to:

• Medical malpractice, if the hospital or medical facility in question is publicly operated
• Vehicle accidents: For example, where a city employee is driving a city vehicle and causes injury to a pedestrian or other driver or passenger
• Serious injuries or deaths caused by defective roads. However, if the road is a New York State Highway, you should also file a separate claim with New York State.^[3]
• Slip and fall or trip and fall accidents that occur in city buildings and parks, on sidewalks, curbs, streets, etc. However, for New York City cases, New York law requires the City have written notice of the dangerous condition at least fifteen days before the accident.^[4]

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