The steps you take immediately after being injured in a government-owned public place can protect both your health and your legal rights. Under New York law, government entities must maintain safe conditions on public property, but strict deadlines apply when filing claims against the government. You must file a notice of claim within 90 days of your injury, or you may lose your right to compensation permanently.
Queens personal injury lawyer Keetick L. Sanchez helps injured people throughout Jackson Heights, Queens, and New York. At K L Sanchez Law Office, Attorney Sanchez knows how to navigate claims against government entities, meet strict filing deadlines, and recover compensation for injuries on public sidewalks, parks, government buildings, and other publicly owned property.
This guide explains what steps to take immediately after an injury on government property, which government entities can be held liable, what the 90-day notice of claim requirement means, and how to prove negligence in claims against the city, state, or federal government. Call (646) 701-7990 for a free consultation.
What Should You Do Immediately After Being Injured on Government Property?
Your actions in the hours and days following an injury on government property can significantly impact your ability to recover compensation. Creating a strong foundation of medical documentation and evidence from the start strengthens your claim and helps meet the strict requirements for suing government entities.
Seek medical attention right away, even if your injuries seem minor. Some injuries, like concussions or internal bleeding, may not show symptoms immediately. A doctor’s examination creates a medical record that links your injuries to the accident, which is critical evidence in any claim.
Report the incident to the government agency responsible for maintaining the property. For sidewalk injuries, contact the New York City Department of Transportation. For park injuries, notify the New York City Department of Parks and Recreation. For injuries in government buildings, report to building management or security.
Document the date, time, and person you reported the incident to. Gather evidence while still at the scene if you can do so safely. If physically able, take photos of the hazardous condition from multiple angles, including close-ups and wider shots showing the surrounding area. Get contact information from witnesses who saw what happened. Note the exact location using street addresses, cross streets, or park landmarks.
Key Takeaway: Unlike injuries on private property, where you have three years to file suit, claims against government entities require a notice of claim within 90 days, making quick action critical.
Where Do Injuries on Public Property Commonly Happen in Queens?
Public property injuries occur across a wide range of locations throughout Queens, from busy commercial corridors to neighborhood parks and government facilities. Understanding where these accidents most frequently happen helps identify which government entity may be responsible for your injuries and where to direct your claim.
Sidewalk defects cause frequent injuries throughout Queens. Cracked, uneven, or broken sidewalks along major corridors like Queens Boulevard, Roosevelt Avenue in Jackson Heights, and Northern Boulevard create tripping hazards. The City of New York is responsible for maintaining most public sidewalks, though property owners may share liability in some circumstances.
Parks throughout Queens see injuries from poor maintenance, broken playground equipment, or unmarked hazards. Flushing Meadows Corona Park, Forest Park, and Astoria Park are among the largest park systems in Queens, where injuries might occur.
Government buildings pose additional risks. The Queens County Civil Court building at 88-11 Sutphin Boulevard in Jamaica, Queens County Criminal Court at 125-01 Queens Boulevard in Kew Gardens, and other government facilities must be maintained safely.
Public transportation areas, including subway station entrances and bus stops operated by the Metropolitan Transportation Authority (MTA), are common injury sites. The Jackson Heights-Roosevelt Avenue subway station and other transit hubs throughout Queens see frequent accidents from poor lighting, wet surfaces, or inadequate maintenance.
What Types of Injuries Happen Most Often on Public Property?
The nature and severity of injuries on government property vary widely depending on the type of hazard and how the accident occurs. Recognizing the most common injury patterns helps you understand what medical documentation and evidence will be most important for proving the full extent of your damages.
Sidewalk trip and fall accidents cause the most frequent injuries. Raised sidewalk sections, cracks, potholes, and uneven pavement cause pedestrians to trip and fall. Victims often suffer broken bones, particularly wrist fractures from trying to break the fall, hip fractures in older adults, and ankle injuries. Head injuries and concussions are common when someone falls forward.
Park injuries result from broken playground equipment, exposed tree roots on walking paths, unmarked holes or depressions in fields, and poorly maintained benches or picnic tables. Slip and fall accidents occur on wet or icy park pathways when the city fails to provide adequate drainage or winter maintenance.
Injuries in government buildings often involve slippery floors, inadequate lighting, broken stairs, or malfunctioning elevators. These accidents can cause serious harm, including spinal injuries, traumatic brain injuries, and permanent disability.
What Is the 90-Day Notice of Claim Requirement?
One of the most critical differences between suing a government entity and a private party is the notice of claim requirement. This procedural step must be completed before you can file a lawsuit, and the timeline is extremely short. Understanding how this process works and why the deadline matters can mean the difference between recovering compensation and losing your case entirely.
How the Notice of Claim Process Works
When you are injured on property owned by a government entity in New York, according to statute 50-e, you must file a notice of claim within 90 days of the injury. This requirement applies to claims against New York City, New York State, counties, towns, villages, school districts, and other public corporations. This deadline is strictly enforced.
The notice of claim is a formal written document that notifies the government entity of your intention to sue. It must include your name and address, the date and location of the incident, the nature of the claim, the injuries you sustained, and the amount of damages you are seeking. For claims against New York City, the notice must be filed with the Office of the New York City Comptroller.
Why the Notice of Claim Deadline Is Critical
Courts rarely grant extensions beyond the 90-day deadline. This short deadline exists to give government entities early notice so they can investigate incidents while the evidence is fresh and witnesses are available.
If you miss the deadline, you can petition the court for permission to file a late notice of claim, but courts grant these petitions only in exceptional circumstances. You must show a reasonable excuse for the delay, that the government entity had actual knowledge of the essential facts, and that the delay did not substantially prejudice the government’s ability to investigate.
Personal Injury Attorney in Queens – K L Sanchez Law Office
Keetick L. Sanchez, Esq.
Keetick L. Sanchez is a Queens personal injury attorney who represents injured people in claims against government entities throughout New York. With extensive experience in premises liability cases involving public property, Attorney Sanchez understands the complex filing requirements, strict deadlines, and legal protections that apply when suing the city, state, or other government entities.
Attorney Sanchez provides personalized attention to every client, handling cases from initial notice of claim filing through settlement or trial. Clients value her clear communication about the 90-day deadline, thorough case preparation, and commitment to recovering full compensation for medical expenses, lost wages, and pain and suffering. She represents clients in claims against New York City, New York State, and other government entities.
Which Government Entities Can Be Held Liable for Injuries?
Different government entities maintain different types of public property throughout New York, and each has specific rules for filing claims. Knowing which entity is responsible for the location where you were injured determines where you file your notice of claim and what special legal requirements apply.
New York City Liability
New York City can be held liable for injuries caused by negligent maintenance of sidewalks, parks, public buildings, and other city-owned property. The city has a duty to maintain public property in a reasonably safe condition and to conduct regular inspections.
However, for sidewalk defect cases, the city can only be held liable if it had prior written notice of the specific defect that caused your injury. This means someone must have previously reported the exact hazard to the city, or the city must have repaired the area before (which creates constructive notice). This requirement makes sidewalk injury claims against New York City more challenging to prove.
State and County Liability
New York State can be sued for injuries on state-owned property, including state parks, state office buildings, and state highways. Claims against the state must be filed with the New York State Court of Claims, which has exclusive jurisdiction over these cases. Queens County and other counties can be held liable for injuries on county-owned property.
Metropolitan Transportation Authority
The MTA operates subways, buses, and commuter rail systems throughout New York. Injuries at subway stations, on buses, or at MTA facilities may result in claims against the authority. The MTA follows the same notice of claim filing requirements.
Key Takeaway: Different government entities require claims filed in different places. New York City claims go to the Comptroller’s Office, state claims go to the Court of Claims, and MTA claims follow municipal filing requirements.
How Do You Prove Negligence Against a Government Entity?
To win a claim against a government entity, you must prove the entity owed you a duty of care, breached that duty through negligent maintenance or failure to address hazards, and that breach directly caused your injury.
The key challenge in government claims is proving the entity had notice of the dangerous condition. For New York City sidewalk cases, you must demonstrate prior written notice as discussed above.
For other types of government property, you must show that the entity created the hazard, had actual knowledge of it, or that the hazard existed long enough that reasonable inspections should have discovered it. Government entities are expected to have inspection and maintenance protocols in place.
New York follows comparative negligence rules, meaning your compensation may be reduced based on your share of fault. Even if you were partially responsible for your injury, you may still recover damages, though your recovery will be reduced accordingly.
What Compensation Can You Recover in Claims Against Government Entities?
When you file a successful claim against a government entity, you can recover various types of damages to compensate for your losses. These damages fall into two main categories: economic damages that reimburse you for financial losses, and non-economic damages that compensate for physical and emotional suffering. Understanding what compensation is available helps you assess the full value of your claim.
- Medical Expenses and Future Care: You can recover compensation for all medical treatment related to your injury, including emergency room visits, hospital stays, surgery, medications, physical therapy, and follow-up appointments. If your injury requires ongoing care, you can recover the estimated cost of future treatment as well.
- Lost Wages and Earning Capacity: If your injury caused you to miss work, you can recover compensation for lost wages during your recovery period. This includes regular salary, overtime pay, bonuses, and benefits. When injuries affect your ability to work in the future, you may also recover damages for diminished earning capacity.
- Pain and Suffering: You can recover compensation for the physical discomfort, emotional distress, and reduced quality of life caused by your injury. The amount depends on the severity of your injury, the length of recovery, whether the injury is permanent, and how much it affects your daily activities.
- Caps on Damages: New York does not impose general caps on damages in personal injury cases against government entities. However, juries may award lower amounts in cases against the government compared to cases against private defendants.
Medical bills must be documented through records from hospitals, doctors, and treatment facilities. In Queens, many injury victims receive treatment at Jamaica Hospital Medical Center at 8900 Van Wyck Expressway or Elmhurst Hospital Center at 79-01 Broadway.
Key Takeaway: Compensation in government injury claims includes medical expenses, lost wages, and pain and suffering. New York does not cap damages in these cases, though juries may award less against government defendants than private parties.
| Type of Injury | Common Causes | Potential Consequences |
|---|---|---|
| Slip and Fall Injuries | Wet floors, uneven surfaces, poorly maintained walkways | Broken bones, concussions, spinal cord damage |
| Injuries from Falling Objects or Structural Failures | Items falling off shelves, building collapse, poor maintenance | Traumatic head injuries, broken bones, internal injuries |
| Injuries Due to Poor Maintenance or Hazardous Conditions | Broken stairs, malfunctioning elevators, exposed electrical wiring | Extensive medical care, liability under premises laws |
Get Help from a Queens Personal Injury Lawyer
If you were injured on government property, you face strict deadlines that can eliminate your claim if missed. The 90-day notice of claim requirement gives you little time to gather evidence, obtain medical records, and navigate complex filing procedures. Government entities have experienced attorneys defending them, and you deserve equally strong representation.
Queens personal injury attorney Keetick L. Sanchez has helped injured people throughout Jackson Heights, Queens, and New York navigate claims against the city, state, and other government entities. Our personal injury lawyers know how to meet strict filing deadlines, gather evidence of prior written notice for sidewalk cases, and prove negligence in claims involving parks, government buildings, and public transportation facilities.
Call K L Sanchez Law Office today at (646) 701-7990 for a free consultation. We will review your case, explain the notice of claim requirement, and file all necessary documents before the deadlines expire. There is no fee unless we win.
