Long Island Public Property Premises Liability Lawyer
If you have been seriously injured in a public space due to the negligence of a municipality, you may be eligible to receive injury compensation to help recover your damages. A professional Long Island public property premises liability lawyer could offer you their assistance by performing an independent investigation, preserving evidence, and speaking to third-party professional witnesses to help determine the validity of your case. Read on to learn more about how a skilled injury attorney could work to maximize your compensation package today.
Liability Difference Between Public and Private Properties
The biggest difference between public and private property liability claims is that almost all public properties require a notice of claim to be served within a specified time limit of the accident. This document must include where the accident occurred, who it happened to, and how it happened. Without this notice, an individual may be unable to bring a claim against the municipality in the future.
Sometimes an individual does not know who owns an area of a property so they should file multiple claims to protect themselves. An example would be in the case of an accident next to a highway. It could be a state highway and the road underneath could be a county road or it could be a local town road. The person has to figure out who owns the area and which municipality is responsible for the area.
Jurisdictional Bodies that Determine Long Island’s Liability Laws
The Supreme Court of the State of New York ultimately determines Long Island’s liability laws. Cases brought in this court deal with extremely large amounts of damages. For lesser amounts of losses in Long Island, district courts may apply. The lowest level includes the small claims court where an individual can bring a case with a maximum of $5,000.
Long Island’s Duty of Care to its Residents
Every municipality in Long Island has a duty of care to its residents of a reasonable standard for any owner of a property or premises. This duty is simply applied to an entire county. The county must act in a reasonable manner to property the individuals on its property from becoming injured. Examples of carrying out this behavior could include patrolling the area, inspecting the property, and hiring contractors to fix the problem if a hazard occurs. If the county does not properly carry out this duty, it may be held liable for a plaintiff’s damages in the same way that a private property owner would. A dedicated Long Island public property premises liability lawyer could help a plaintiff fight for their deserved compensation in court.
Filing Injury Claims Against the Government
Filing a notice of claim is the most important document in a liability case. This first step is simply a notice stating that the parties intend to bring a lawsuit. Because there are important differences in bringing cases against the state or local county government, an individual must first determine the party at fault with the help of a skilled Long Island public property premises liability lawyer. If the liable party is the local county government, the case will be handled in the court of claims.
In all injury cases the same damages could be sought, this includes:
- Economic damages – include loss of wages, medical bills, and future care
- Non-economic damages – are pain and suffering damages
- Punitive damages – can be awarded in extreme actions of negligence. Punitive damages are unlikely to be awarded.
How a Long Island Public Property Premises Liability Lawyer Can Help
If you have been seriously harmed by a hazard that one of Long Island’s municipalities should have taken steps to fix, you may need to turn to a determined Long Island public property premises liability lawyer for assistance. Because time may be of the essence to bring your case and preserve your evidence, you will not want to hesitate. Reach out to a qualified injury attorney today to schedule your initial consultation.