what type of attorney woulkd sue a new york state run agency

How do I sue in the NYS Court of claims?

To sue in the Court of Claims, one must first prepare a "claim," file it with the court clerk, and serve a copy on the NYS Attorney General personally or by certified mail return receipt requested. A $50 fee is required when filing a Claim. The Claim is deemed filed when it is actually received by the Chief Clerk in Albany.

How do I sue the local government?

The legislation that establishes the particular authority will indicate whether the agency should be sued in the Court of Claims or in State Supreme Court. Lawsuits against municipal governments are brought pursuant to the General Municipal Law.

Who must be served in a New York Thruway case?

If the defendant is the New York State Thruway Authority, the City University of New York, or the New York State Power Authority, the particular defendant must be served in addition to the attorney General. What Time Limits Apply?

Can a public authority be sued in the Court of claims?

Some of these public authorities are not sued in the Court of Claims, but in State Supreme Court, under the procedures set forth in the Public Authorities Law or in the General Municipal Law. The legislation that establishes the particular authority will indicate whether the agency should be sued in the Court of Claims or in State Supreme Court.

How do I sue the state of New York?

State law imposes such an obligation upon people who wish to sue New York State, local government or a government agency for money damages. A lawsuit against the State of New York may only be filed in the Court of Claims. First, however, you must file a Notice of Claim with the State (see Court of Claims Act §10).

Can you sue a US government agency?

Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages (other DOJ forms). If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court.

Can you sue a state or local government?

In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.

Can you sue the city of New York?

If you have a case against the city or state of New York, you cannot go it alone and need the advice of a skilled and experienced lawyer. Generally, you can file against the city of New York almost any type of negligence claim you would bring against an individual defendant.

How much can I sue emotional distress?

Emotional distress can often qualify for both special and general damages. Because of this, pain and suffering compensation usually amounts to 2 to 5 times the total costs of medical bills (therapies, medications, etc.) and lost wages from missed work. This amount can vary significantly on a case-by-case basis.

Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

Can I sue local authority for negligence?

Whatever the circumstances of your public place incident, you could sue your local council providing you have reason to believe that their negligence was responsible for your suffering.

Can a state be sued for negligence?

Can I Sue a State Government for Negligence? State governments were historically entitled to the same sovereign immunity as the federal government, but every state has passed its own version of a "Tort Claims Act." Individuals can typically sue state and local (city or county) governments if they follow special rules.

Can you take the government to court?

Judicial review is a type of legal challenge that you can bring against a public authority, asking a judge to examine the lawfulness of their decision, action or inaction. Note that the judge will look at the way the decision was made, not the decision itself.

Can you sue a local municipality?

Suing an individual or business is something we hear of all the time in the United States. Less common is the suing of a city, state, or other municipality. Can a person even do that? The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits.

What is a notice of claim in New York?

A notice of claim is a legal document that New York law requires be prepared and served as a condition to precedent to later bringing a lawsuit for damages against a municipal or other governmental entity.

Can you take the government to court?

Judicial review is a type of legal challenge that you can bring against a public authority, asking a judge to examine the lawfulness of their decision, action or inaction. Note that the judge will look at the way the decision was made, not the decision itself.

Can you sue the IRS for negligence?

Taxpayers may bring suit, after exhaustion of administrative remedies, if any officer or employee of the Service, "knowingly or by reason of negligence" fails to release a lien.

Can you sue a regulatory body?

A plaintiff pursuing a regulatory negligence claim against a public body must establish the common law requirements for a private law action in negligence: A duty of care; Standard of care; Breach of the standard of care; Causation; and Damage or loss that is not too remote or unforeseeable.

Who Cannot be sued in tort?

Rationale: There are certain persons who cannot be sued viz. foreign sovereigns and ambassadors, public officials and the State. An infant is in general liable for his torts in the same manner as an adult however, where intention, knowledge or malice is essential ingredient of liability, infancy can be a defence.

What to do if you have a personal injury claim in New York?

If you or a loved one believe that you have a case against New York or a Municipality regarding a personal injury, you should contact an experienced personal injury attorney immediately to help ensure the timely filing of claims and that your legal rights are protected.

How long does it take to file a claim in New York?

Generally speaking, negligence, intentional tort and wrongful death claims must be filed with the court 90 days after the accrual of the action.

What are some examples of cases that require a notice of claim?

Here are some examples of cases that require a Notice of Claim: You are hit by a bus owned or operated by a municipal agency. You trip and fall in a City building. You are subject to a false arrest. You fall on a bus or a subway or at a bus, train or subway station. You suffer malpractice in a public hospital.

What is a notice of claim in New York?

Every city, town, village and municipal agency in New York is entitled to a Notice of Claim. Municipalities include entities as large as the City of New York and Yonkers as well as the many small villages that dot Long Island.

What are the public transportation agencies in New York?

All public transportation agencies, including the Long Island Railroad, Metro-North, New York City Transit and New York City buses.

Can you sue the state of New York?

Sometimes your personal injury may be caused by the negligence of the State of New York or a municipality. But suing the government is not is not the same as suing other defendants. Because there are strict notice requirements, time is of the essence. Here are some things you need to know about suing the government in New York.

What Can They Sue The Police Department For?

An individual who has a case against a police officer can win various damages in a lawsuit depending upon the details of the case.

Why is it important to have a lawyer for a police case?

By having the right attorney, the victim can ensure that their case is in good hands. Police lawsuits are difficult, but specifically seeking the assistance of an experienced criminal attorney can make the process much easier.

Can you sue the police for excessive force?

Lastly, a person who was a victim of excessive force is able to sue the police. In any lawsuit against the police, extensive evidence must be presented in order to win, as police officers and departments can be notoriously challenging to overcome in court. However, with the right attorney by your side, your case will have a much higher chance ...

Can you sue a police officer?

An individual is eligible to sue the police if their civil rights have been violated by an officer. When police misconduct occurs, it is important to ensure that law enforcement is held accountable for their actions. While winning lawsuits against police officers is difficult, it is not impossible.

Can a plaintiff prove that police misconduct cost them intangible losses?

Non-economic damages can be awarded if the plaintiff can prove that police misconduct cost them “intangible losses.” These intangible losses go beyond the lost wages directly related to the police misconduct.

Can you sue the police for racial discrimination?

Additionally, discrimination lawsuits can be filed if the individual can prove a pattern of racial or sexual discrimination, or discrimination based off of one’s gender or sexual identity. A person can also sue the police for violating their Fourth Amendment rights, which protects them from illegal searches and seizures.

Can police be awarded for pain and suffering?

Likewise, further suffering as a result from injuries on behalf of police that fall beyond medical costs can be awarded on the basis of pain and suffering as well as loss of enjoyment of life.