When a personal injury lawsuit is filed against a municipality, such as the City of Buffalo, or a governmental subdivision or agency, such as a school district, there are special rules that must be followed. One manner in which New York law differs with respect to the rights of a government entity versus a private business or citizen when sued is that a government entity may require the injured party to submit to a hearing pursuant to section 50-H of the General Municipal Law.
A demand for a hearing under this section must be issued to the injured party within 90 days of the filing of the Notice of Claim. At the hearing, the injured person will be questioned under oath regarding the occurrence and extent of the injuries or damages for which claim is made. He or she may also be required to submit to a physical examination.
While this hearing does not occur before a judge, the injured person does have the right to have an attorney present during questioning. If the questions posed are improper, the attorney may then act to protect his or her client’s rights.
In most cases, a transcript of the person’s answers will be made. This transcript may be read as evidence by the parties at trial or when presenting motions to the Court.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.
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