The New York County Lawyers Association is offering a training class for attorneys on filing a claim and a lawsuit against the City of New York. The class is also covering 50-h hearings, sometimes known as statutory hearings. We received a call asking for permission to use our articles at one of the texts for this class. We’re only too glad to help as we publish our law blog to help educate people about personal injury and medical malpractice law. You do not have to attend the class with the other lawyers; you can read about filing a claim against the City of New York or other municipalities at our blog, New York Law Thoughts.
Tag Archive for ‘municipal law’
On a warm September evening last year, a woman set out from her Manhattan apartment to pick up some dry cleaning. As she walked past the Frederick Douglass Houses, the woman’s right foot became stuck in a broken edge of… Read More ›
In January 2011, a Brooklyn man out for a walk on the Brooklyn Promenade slipped and fell on an uncleared patch of ice. The incident tore the ligaments in his left elbow and required surgery and months of intensive physical therapy to repair the damage. The man asked me to represent him. I worked with the man to investigate the incident and to evaluate the medical condition. I made a settlement offer to the City of New York and we negotiated a settlement of $120,000 to compensate the man for his injuries.
Receiving compensation for damage due to a pothole can be difficult, very difficult, but not impossible. In general, you need to meet the following conditions to have a chance at receiving compensation:
You need to know the municipal entity responsible for the road.
The municipality had to have prior notice about the pothole and had enough time to repair it.
You need evidence that the pothole caused the damage and proof of the cost to repair the damage.
You need to navigate the maze of bureaucracies to file a claim and negotiate payment.
Before you can bring a lawsuit against a town, city or public agency in New York, you must first file a Notice of Claim. Under New York Law, you must file the Notice of Claim within 90 days of the incident.
The Notice of Claim gives the municipality or municipal agency 30 days to request a pre-suit hearing (a 50-h hearing) or a pre-suit medical exam. If the municipality or municipal agency requests a pre-suit hearing or medical exam, you cannot file a lawsuit until after the completion of the hearing or medical exam.
The Importance of Knowing the Value of a Case: How an Accurate Case Assessment Earned My Client an Additional $230,000 Settlement
Last Friday, I settled a police misconduct case against the City of New York for $250,000. I want to focus on how a clear assessment of the case enabled my client to receive an additional $230,000.
The case concerned the false arrest of a Bronx man and the psychological damage that police misconduct caused his daughter. I was brought into the case very late to serve as trial attorney representing the daughter, while the original attorney represented the father. At the time of the incident, my client was seven years-old and witnessed the police falsely arrest and manhandle her father. The trauma led to psychological problems that continue to affect the woman who is now twenty-three years old. The father and daughter have been estranged since the time of this incident.
As I do in all my cases, I prepared a detailed case assessment and shared it with my client. My analysis of the case suggested that the daughter’s case was worth as much as her father’s, perhaps even more. I had carefully developed that assessment based on an analysis of the facts, our ability to present a strong case, my review of case law and my review of similar cases in the Bronx. I carefully reviewed that assessment with my client and made sure that she understood how I estimated the value of her case.