Suing the City of New York for Personal Injury

Injured due to the negligence of New York City, one of its agencies, or city employees? You may be entitled to compensation. Suing the City of New York is possible, but it is far more complex than suing a private individual or business. Strict deadlines, unique defenses, and procedural requirements make it critical to act quickly with the help of an experienced New York City personal injury lawyer.

When Can You Sue New York City for Negligence?

You may have a valid claim against NYC if you were injured in situations such as:

• Traffic Accidents – Collisions with city-operated vehicles including NYPD police cars, FDNY fire trucks, EMS ambulances, sanitation trucks, or MTA buses.
• Premises Liability – Falls or accidents on defective sidewalks, poorly maintained stairwells, playgrounds, municipal buildings, or NYCHA housing.
• Unsafe Roadway Conditions – Potholes, missing signage, defective traffic lights, or dangerous road designs.
• Structural Hazards – Ceiling collapses, broken handrails, or building failures in city-owned properties.
• Medical Negligence – Malpractice at NYC Health + Hospitals or other city-run clinics.
• Negligent Security – Assaults or injuries in public schools, public housing, or other city-run facilities.
• Police & Correctional Misconduct – Excessive force, wrongful arrest, or unsafe jail conditions.
• Civil Rights Violations – Constitutional rights infringements by city officials or employees.

Note: In many premises liability cases, proving liability requires showing the City had prior written notice of the hazard. A simple 311 call is usually not enough.

Why Suing the City of New York Is Different

Unlike lawsuits against private businesses or individuals, suing NYC involves:

• Strict Filing Deadlines – Missing even one step can permanently bar your claim.
• Special Protections for Emergency Vehicles – To sue over an accident with a fire truck, ambulance, or police car on emergency duty, you must prove reckless disregard, a higher standard than ordinary negligence.

Legal Deadlines for Suing NYC

• Notice of Claim (90 Days) – Must be filed within 90 days of your accident.
• 50-H Hearing – After filing, the City may require sworn testimony and/or a medical examination.
• Lawsuit Deadline – You must file within 1 year and 90 days of the incident (or 2 years for wrongful death).

If you miss these deadlines, your case will almost always be dismissed.

Who You Can Sue in NYC

Depending on your case, you may sue:

• NYPD, FDNY/EMS, Sanitation Department
• Department of Buildings, Parks, Transportation
• Department of Corrections, Social Services/HRA, HPD
• Taxi & Limousine Commission, Office of the Mayor, Comptroller’s Office
• NYC Transit Authority (subways, buses)
• NYC Housing Authority (NYCHA)
• NYC Department of Education
• NYC Health + Hospitals
• MTA Bridges & Tunnels

In many cases, both NYC and a separate agency may share liability.

What You Must Prove in a New York City Injury Claim

To recover compensation from NYC, your attorney must prove:

1. The City owed you a duty of care.
2. The City breached that duty through negligence.
3. The breach directly caused your accident.
4. You suffered injuries and damages.
5. You complied with all filing requirements.

Evidence may include medical records, city inspection reports, photos, videos, witness statements, maintenance logs, and expert testimony.

Injuries & Damages in NYC Personal Injury Cases

Common Injuries:

• Brain injuries & traumatic brain damage
• Spinal cord injuries and paralysis
• Broken bones, fractures, amputations
• Severe burns, nerve or organ damage
• Emotional distress and psychological trauma

Damages You May Recover:

• Economic: Medical bills, rehabilitation, lost wages, property damage, loss of benefits.
• Non-Economic: Pain and suffering, disability, disfigurement, emotional distress, loss of enjoyment of life, loss of consortium.

The Lawsuit Process Against NYC

1. Get Medical Treatment – Document your injuries immediately.
2. Hire a NYC Personal Injury Lawyer – A lawyer ensures deadlines and requirements are met.
3. File a Notice of Claim (90 Days) – Properly served on the correct agency.
4. 50-H Hearing & Investigation – Testify under oath; City may request medical exams.
5. Negotiation & Settlement – Many claims settle with the NYC Comptroller’s Office.
6. File a Lawsuit – If no settlement, your lawyer files suit in NYC Supreme Court.
7. Trial & Resolution – Jury verdict or settlement determines compensation.

Challenges in Suing NYC

• Very short deadlines.
• Identifying the correct city agency.
• Government immunity for policy-based decisions.
• City lawyers fight aggressively to deny or limit claims.
• Delays in settlement and trial scheduling.

Why Choose Greenstein & Pittari, LLP

At Greenstein & Pittari, we focus exclusively on New York City personal injury law, including municipal liability claims. Our firm provides:

• Seven convenient locations – Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
• No Fee Unless We Win – Our Fee Guarantee.
• Free consultations & bilingual services.
• Hundreds of satisfied clients and top-rated results.
• Award-winning lawyers recognized by Best Lawyers and Super Lawyers.

Call 1-800-VICTIM2 (1-800-842-8462) today for a free consultation. Don’t wait—NYC deadlines are strict, and acting quickly can make the difference between winning compensation or losing your claim.

Greenstein & Pittari, LLP – Don’t Be a Victim Twice.