Can I Sue the State of New York?

What happens if the person who causes your injury is employed by the State of New York?  In general, the State is responsible for injuries caused by the negligence of employees while acting within the course of their employment, such as a car or other motor vehicle accident, a slip and fall or even an accident covered by the New York Labor Law.  In order to pursue a claim to recover damages from the State for injuries you have received, you will want to retain an attorney who is experienced in pursuing claims against the State.  Although lawsuits against the State of New York are permitted, they are governed by a different set of rules and are even brought in a separate court than other lawsuits.  While lawsuits against private citizens, corporations and even towns, cities and counties can usually be brought in New York State Supreme Court, lawsuits against the State and certain State-related entities have their own court called the Court of Claims.

The State also has its own deadlines for filing claims.  A Claim generally must be filed with the Clerk of the Court and served upon the Attorney General within 90 days of the happening of the accident, unless an Intention to File Clam form is served within that time, which will extend the deadline in the case of negligence to two years from the date of the accident.

One of the other differences is that your case will be decided by a judge, rather than a jury.  Claims brought against the State arising out of accidents that happen in the Hudson Valley are usually tried in White Plains or Albany, New York, which differs from accident cases against other defendants which may be filed in New York Supreme Courts, which are located in each county.

Spiegel, Brown, Fichera & Coté partner Cynthia K. Fichera has experience in obtaining recoveries against the State of New York, including $1.7 million for wrongful death in a case where a stop sign was partially blocked by a tree, $1.2 million for a foot and knee injury sustained in a car accident where a prison van pulled out in front of the injured client’s car, and $80,000 for a knee and ankle injury sustained from a slip and fall on ice on the State’s property.  Spiegel, Brown, Fichera & Coté has also brought claims against the State of New York for accidents involving slip and falls on ice, slip and falls on damaged sidewalks and premises liability on SUNY campuses.

Spiegel, Brown, Fichera & Coté provide experienced injury litigation services throughout Dutchess County and the Hudson Valley, including Poughkeepsie, Hyde Park, Highland, Wappingers Falls, LaGrange, Unionvale, Pleasant Valley, Fishkill, Beacon, East Fishkill and Hopewell Junction, as well as Ulster, Orange and Putnam Counties.