New York Court of Claims Attorney
New York Tort Claims Act Lawyers - Government Liability Lawyers Serving Albany Residents Injured by the State or Municipal Government
An old Latin adage advises "Rex non potest peccare," or, in English, "The King can do no wrong." This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Since every state in the United States - with the notable exception of Louisiana - adopted the English common law, it was also historically impossible for a to sue a state government. Modern society has changed laws too better reflect a democratic society, and now states can be sued under some circumstances.
The laws dictating what the government can be sued for and how are extremely complicated. There are different laws depending on whether the Federal, State or Local governments are being sued. The basic premise of the New York laws are that you can sue the government when a government employee does something that you would be able to sue a private person for.
In order to recover for personal injuries in the Court of Claims, a claim should be filed within ninety (90) days, or alternatively, one can provide notice of intent to file a claim. There are some special exceptions to this rule but, because it is so short of a time, you should immediately seek the advice of an Albany personal injury lawyer today! New York's Court of Claims Act includes also a two-year statute of limitations on your claim and many other unique provisions. Only a qualified Albany, New York governmental Liability lawyer can tell you how these laws fit your situation. Governmental liability laws often come with complicated requirements for quickly giving the government notice of the suit. You should contact an Albany Governmental Liability lawyer as soon as possible if anything done by any government or person working for the government has caused you injury.
Some situations that often lead to Governmental Liability include:
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Governmental Liability for Civil Rights Violations
New York's State, County and City governments can be held liable under 42 USC Section 1983 and other certain circumstances for civil rights violations. Some types of violations that may cause governmental liability include:
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The following is New York's Court of Claims Act. This is the act which allows people to sue the government of the State of New York. For more information on suing governments, see our Albany Governmental Liability Lawyers Page
- 8 Waiver of immunity from liability
- 8-a. [enacted without section heading]
- 8-b. Claims for unjust conviction and imprisonment
- 9. Jurisdiction and powers of the court
- 10. Time of filing claims and notices of intention to file claims
- 11. Filing, service and contents of claim or notice of intention
- 11-a. Filing fee
- 12. Conditions of judgment
New York Tort Claims Act
If you have been hurt by an employee of the State of New York or of a local government, contact an Albany Governmental Liability Lawyer today!
Serving clients throughout Eastern New York, including Albany, Colonie, Delmar, East Greenbush, Glenmont, Green Island, Hampton Manor, Latham, Loudonville, Menands, Roessleville, Troy, Watervliet, West Sand Lake, Westmere, Wynantskill, areas in the vicinity of Albany International Airport, and other communities in Albany County.