Attorney Blog

Wednesday, December 30, 2009

City is "Looted"...Give Me a Break!

I read with great anticipation the New York Post article titled "Looted for $563M" "Taxpayers coughing up big in lawsuits" . It looked enticing with that catchy title and the picture of hand full of cash. Lets be clear: The point of the story was to tell taxpayers that their dollars are being spent on personal injury claims where the victims get their "payday" off the backs of hard working New York citizens. So before the year ends let me list for everybody the wonderful benefits the City Of New York (and hundreds of other New York municipalities and subdivisions)is given simply because..they are The City of New York. Keep in mind if you are a pro-business advocate this should concern you as no other defendant in a personal injury case is given these benefits:
  • When bringing a claim against the City you must file a detailed Notice of Claim before you file your lawsuit.
  • Before you file your lawsuit the claimant must be questioned in detail about the accident.This separate than a deposition which the City gets to do in the lawsuit.
  • You must bring your legal claim against the City within 1 year and 90 days not the 3 year negligence statute of limitations normally allotted for other defendants.
  • When assigned to a judge the City gets a special preference of only appearing before certain judges. That means unlike other parties they get to appear before the same judges all the time. I will let the reader figure out the implications of that cozy scenario.
  • The City is generally given more ( a great deal more) flexibility as to what and how long they are given to produce certain documents. We have been involved in cases where simple items take 2 years and multiple court orders before they comply.Mmmm..any relation to the prior benefit?
  • When a case is settled the City has 90 days to pay a claim whereas other parties must pay within 21 days.

What's the point here? Don't look for any sympathy from this guy. If the City wants to pay less (and in many years they have) they should more careful about what they do(less negligence=less lawsuits).Oh one last thing..The Post talks about the $18 million given to ferry crash victim James Mcmillan. I guess Mr. McMillian thought he hit lotto when he lost the use of his legs(which were crushed)...Give me a Break!

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