A government entity can be held responsible when it causes injuries, just as any individual or business can be held liable. However, unlike filing legal action against an individual or a business, you need to take rigid steps to properly file a timely injury claim against the government. If you fail to follow these steps or meet the deadlines, you may not have any legal recourse against the government entity that caused your injuries.
Shorter Time Limits
Every personal injury claim must be brought within a given period of time, known as the statute of limitations. This time period generally ranges depending on the specific cause of action and the jurisdiction in which it is brought.
However, when filing a claim against a state or local government, there are often stricter time limits during which you can bring your injury claim. Some states have different time limits for a city, town, county and municipality.
Notice Requirements
In most cases, you cannot file a lawsuit against the government entity until you have provided a “Notice of Claim” to the entity. If you fail to follow the notice of claim guidelines for the specific government entity that caused your injury, the court will dismiss your lawsuit. Each government entity generally has its own form that they want injured victims to complete within a specific time limit.
Government Immunity
Local and state governments are typically entitled to certain protections, such as shorter time periods for filing a lawsuit and immunity from a government discretionary decision making rather than government action taken in a proprietary fashion (as with any private property owner).
Moreover, certain states do not allow injured victims to seek punitive damages (compensation awarded to punish the wrongdoer and deter future similar conduct) from the government.
Call a New York Personal Injury Attorney Today
For more information or to consult with one of our experienced New York personal injury attorneys, please call Gersowitz, Libo & Korek, P.C. at 1-800-529-9997.
