Yes, you can sue a government entity for severe injuries sustained in a car accident on Long Island, but the rules are different from suing a private driver. Notably, the deadline is shorter, and the procedural requirements are strict and complex. If a government vehicle, dangerous road condition, or poorly maintained infrastructure causes an accident that you are a victim of, you may have a valid claim against a city, county, town, village, or even a state agency.
It’s crucial to contact a Long Island personal injury lawyer as soon as possible, because missing a single procedural step can permanently bar your case before it begins.
Key Takeaways
- You can sue a government entity for a severe injury when following strict procedural rules.
- You must file a Notice of Claim within 90 calendar days of the accident.
- An experienced personal injury lawyer is essential to navigate the process and build a successful case.
You Must File a Formal Notice of Claim Within 90 Days
Before you can sue any municipality on Long Island, whether it’s Nassau County, Suffolk County, or an incorporated town or village, you must file a formal Notice of Claim. This is a document that notifies the entity of your intent to sue. It’s a strict prerequisite.
There is a short deadline of 90 calendar days (not business days) from the date of the accident to file a Notice of Claim. Courts can grant exceptions, but they are exceedingly rare. Missing the 90-day window usually means losing your right to sue.
The Notice of Claim includes vital details like:
- The nature of the claim and how the injury occurred.
- The specific location where the accident happened.
- The injuries and damages you suffered.
- The date, time, and circumstances of the accident.
After filing, the municipality has the right to conduct a 50-h examination hearing. You will answer questions under oath before any lawsuit is filed.
What are the Most Common Scenarios with Municipal Liability?
Government entities on Long Island can be held liable for personal injuries in scenarios where:
- They were aware of and failed to repair potholes or other dangerous road conditions.
- There are defective traffic signals or missing signage.
- The accident is caused by negligently driven government vehicles.
- Poorly designed infrastructure causes foreseeable accidents.
You can make a claim when road defects are an underlying factor, but municipalities usually aren’t liable unless they had prior written notice of the specific condition. Proving that notice, through records of complaints, prior accident reports, and maintenance documentation, is often central to these cases. An experienced personal injury lawyer on Long Island can secure the evidence and expert witnesses to support such cases.
The Stakes are High in Cases Against Government Entities
Municipal cases can be won, but they are procedurally strict and aggressively defended against. The quality of your legal representation matters more than anything. If you have been severely injured in an accident and believe a government entity is at fault, you can talk to The Raimondo Law Firm for a free case evaluation. We will determine if a viable case exists and ensure that you can fight for your rights and get the compensation you deserve.
We’re available 24/7. We don’t charge anything unless we win. Call a personal injury lawyer on Long Island at (631) 471-1222.
