If you were hurt on property owned by the New York City Housing Authority (NYCHA) due to negligence, you may be entitled to file a personal injury lawsuit. However, it’s important to note that some particular rules and procedures are applicable in these types of claims. It’s best to have a NYCHA accident lawyer by your side who can help you navigate the process — and ensure you avoid any pitfalls that could impact your case.
1. Obtain the Medical Treatment You Need
Regardless of how your injuries were caused, if you were hurt on property owned by the NYCHA, the first thing you should do is seek medical attention — even if you don’t think your injuries are serious. It can often take a few weeks for injuries to develop, and the full extent of them may not be known until months later. By seeking prompt medical treatment, your doctor can rule out any internal injuries and get you on an effective treatment plan right away. In addition, your medical records will serve as the foundation for any lawsuit you file against the NYCHA.
2. Document Your Case
If you are able, be sure to collect any evidence at the scene of the accident that can help you prove your claim. This can include:
- Photos of the hazardous condition
- Photos of your injury
- Video footage of the dangerous condition
- Witness statements
- A copy of any incident report
You should also keep records of any communications you had with the NYCHA. A good personal injury lawyer who focuses on NYCHA claims will be able to gather any additional evidence necessary to establish negligence in your case.
3. File a Notice of Claim
Since the NYCHA is a city entity, a Notice of Claim will need to be filed within 90 days of the accident before a lawsuit can be commenced. This provides the NYCHA with notice that you intend to sue — and includes details regarding the nature of your claim. Failure to file a Notice of Claim on time can result in a dismissal of your case.
4. Attend a 50-h Hearing
Once the Notice of Claim has been filed, the NYCHA may conduct a 50-h hearing. This is a question-and-answer session taken under oath, similar to a deposition. It allows the NYCHA to investigate your claim. After this hearing, the NYCHA may offer a settlement — if the amount offered is unfair, you can proceed to file a lawsuit.
5. File a Lawsuit
If you intend to commence a lawsuit against the NYCHA, you must wait 30 days after you have filed the Notice of Claim. You then have one year and 90 days to file a summons and complaint detailing the allegations against the NYCHA and the relief you seek for your damages. The lawsuit must be served upon the NYCHA and any other parties to the case. After the lawsuit has been filed, it will go through several stages, including the discovery process, where information and evidence are exchanged between the parties. Both sides can also file motions throughout the case.
6. Settle or Go to Trial
In many cases, a settlement will be reached during the litigation process. Your personal injury lawyer can best advise whether the NYCHA's settlement offer is fair. However, if a settlement amount cannot be agreed upon, the matter will proceed to trial, where a judge or jury will hear testimony, evaluate evidence, and decide the issues of liability and damages.
Contact an Experienced New York Personal Injury Attorney
NYCHA claims can be legally complex, and it’s vital to have a skillful personal injury lawyer who can help ensure you receive the maximum compensation you deserve. The Dearie Law Firm, P.C., has handled premises liability matters for over three decades, including cases involving the NYCHA, and is dedicated to obtaining the best possible outcome in each unique case. Contact us today for a consultation.