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If you suffer injuries due to someone else’s negligence in New York, you have the legal entitlement to file a personal injury lawsuit against the liable party to seek monetary compensation for the damages you have incurred. However, filing a personal injury claim can become more complicated when a government entity is responsible for an injury. If you are wondering whether you have the right to file a personal injury lawsuit against a government entity in New York, please continue reading and contact our dependable Westchester County Personal Injury Attorneys, who can help you understand your legal options. 

Is it possible to file a personal injury claim against a government entity in New York?

If you have been injured due to the government’s negligence, you can pursue a personal injury claim to receive financial compensation for your losses. It is vital to understand that filing a lawsuit against the government is more complicated than filing a claim against a private individual. The New York Court of Claims Act governs injury claims against the government. According to this act, the government is not protected from liability and agrees to be sued in court, just like private individuals may sue one another. Therefore, the government can be sued in nearly any situation where a private individual would be for negligence.

What is a Notice of Claims?

As mentioned above, taking legal action against a government entity is more complex than if it were against a private individual. One of the primary differences is that when you want to sue New York state, local government, or a government agency for compensatory damages, the state imposes you to file a Notice of Claims. A Notice of Claims must be filed with the state within 90 days from the date of the accident that caused your injuries and damages. If you miss the fixed deadline, you will relinquish your right to take legal action to recover monetary compensation for your damages. The filing timeframe is much shorter when pursuing legal action against a government entity than a private individual. This is because the Notice of Claims informs the municipality that you intend to take legal action against them.

If you have suffered injuries because of the government’s negligence, you may feel overwhelmed and uncertain about what to do next. You don’t have to go through this challenging time alone. Allow a skilled Westchester County personal injury attorney from the legal team at Hausman & Pendzick to represent your interests to maximize your chances of recovering monetary compensation for your losses. Our firm is committed to helping our clients fight for the rightful compensation they are entitled to.