Suing the Government for Your Personal Injury

  • Getting hurt in a serious accident can leave you struggling to understand the laws surrounding your claim, which makes it tougher to recover from your injuries. Your claim can get more complex quickly if you’ve been injured by a government agency. 

    Suing a government agency for a personal injury isn’t easy, but it can be done. Before you decide to sue, though, take a look at the following information you may need to know before you get started. 

    Sovereign Immunity in New York 

    Municipalities are difficult to sue because they typically have immunity that the average citizen doesn’t. These laws date back from the time of kings—the lawmakers are supposed to uphold the law and have a duty to act with care. Because of that, it’s much harder to sue a government agency, official, or employee. 

    However, these laws are outdated and have been waived in some cases in New York. For example, if a government employee crashes into your car during their duties and tasks, you have a chance to sue for your losses. 

    Keep in mind, though, that you do still have a short time to file your claim and seek compensation. For personal injury claims, you need to file a claim within ninety days of the accident. If you don’t file on time, your claim could be denied, leaving you without compensation. Because of this, you may need to seek out a NYC personal injury lawyer to act within your time limits. 

    Filing a Claim against the State

    Now, that doesn’t mean filing a claim against a state government is easy. It’s still difficult because you’ll still need to prove the government agency wasn’t doing its job to protect your health and safety. 

    To receive compensation form the government, you’ll need to prove that the government had a “special duty” to perform that they failed to do. Your lawyer can help you gather that evidence and seek compensation for the injuries and losses you’ve suffered. 

    For example, let’s say a pothole has been causing some trouble in your neighborhood. You filed a complaint, but no one fixed it before it caused a serious car accident. The state government agency in charge of the roads had a special duty to prevent accidents, and they failed that duty by failing to fix the pothole. 

    Seek Help Filing a Government Claim 

    When you’re hurt in a serious accident, you may be worried about filing a claim against the government. It’s intimidating to think about suing a government, and you may be inexperienced. The good news is, you have a chance to seek compensation with a lawyer from Greenstein & Milbauer, LLP.  

    Our lawyers understand that suing the government for a personal injury is hard, and the clock is already ticking. Luckily, you have an opportunity to seek help with your claim and get started now with a free consultation. To work with a lawyer on your claim, call 1-800-VICTIM2 (842-8462) or visit our website to learn more.