1. Can I file a claim with the Comptroller’s Office for injury to my person?
If you believe that through a wrongful action or inaction the City caused injury to your person you can file a claim. If the Office of the Comptroller’s investigation of the claim indicates that the City may be legally liable for the injury, the Comptroller’s Office may try to resolve your claim.
2. How do I file a claim for personal injury?
If you believe that you incurred a personal injury as a result the City’s wrongful action or inaction you can file a notice of claim through the Comptroller’s website using the personal injury claim form: (https://comptroller.nyc.gov/services/for-the-public/claims/e-filing/).
Notices of claim must be filed within 90 days of the date of the incident.
Notices of claim cannot be filed by email.
If you have questions about how to file a claim, please refer to our website https://comptroller.nyc.gov/services/for-the-public/claims/general-faqs/ for additional information on filing a claim or call the Community Action Center at (212) 669-3916. The Community Action Center is also available by email at action@comptroller.nyc.gov or through our web portal at https://comptroller.nyc.gov/about/contact-our-office/.
If you have technical difficulty with the eClaim filing process, please call (212) 669-4118 during regular business hours from 9 AM to 5 PM.
3. Why does the Comptroller’s Office have to perform an investigation into my claim?
Filing a notice of claim is the first step to sue the City of New York for a wrongful action or inaction. The law requires that you file a notice of claim with the Comptroller’s Office before you file a lawsuit in court. The law also allows the Comptroller’s Office to investigate and evaluate claims and offer an early settlement of these potential lawsuits if the City may be liable for your injury.
Therefore, the Comptroller’s Office performs an investigation to determine whether the City is legally liable for the injury, and to determine the fair and reasonable value of the damages under the law. Please note that you may not receive an offer to resolve your claim because not all claims settle with the Comptroller’s Office.
4. How does the claim process work?
Filing a notice of claim is the first step to sue the City of New York for a wrongful action or inaction. The law requires that injured persons file a notice of claim with the Comptroller’s Office before they file a lawsuit in court. The law also allows the Comptroller’s Office to investigate and evaluate claims and offer an early settlement of these potential lawsuits if the City may be liable for your injury.
The notice of claim must be filed within 90 days of the date of the incident. After a notice of claim is filed, a claim number will be assigned to the claim and the claim number will be sent to you, the claimant. You should refer to this claim number in all communications with the Comptroller’s Office.
Next, an examiner from the Comptroller’s Office will investigate the claim. The investigation involves gathering information from the claimant, the City agency involved, and other sources. As a claimant, you may be asked for information to support your claim, such as photographs, medical records, bills, insurance information, etc. You may be required to appear at a hearing to give testimony and provide details about your claim. The investigation may take some time.
When the investigation is complete, the Comptroller’s Office will determine whether the City’s wrongful action or inaction caused the alleged injury, and, if so, the fair and reasonable value of the damages under the law.
If it is determined that the City is responsible for your injury, the Comptroller’s Office may make an offer to settle the claim. If you accept the settlement offer, you will receive a release, a legal document in which you agree to discontinue your claim against the City in exchange for being paid the offered settlement amount.
You can accept the settlement offer by signing and returning the release within 30 days.
If you would like to discuss your claim or the settlement offer, or you need more time to consider the settlement offer, contact the assigned examiner.
Not all claims will settle with the Comptroller’s Office. If you do not want to pursue your claim with the Comptroller’s Office, if the Comptroller’s Office is unable to make an offer of settlement or denies your claim, or if you are unable to reach a settlement with the Comptroller’s Office that you find acceptable, you can pursue your claim as a lawsuit in court. The law places strict timelines on bringing a lawsuit against the City. You must wait 30 days after filing a notice of claim and comply with the hearing demand before filing a lawsuit in court. Thereafter, lawsuits must be filed in court within 1 year and 90 days of the date of the incident.
The Comptroller’s Office cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed.
5. How long will it take to resolve my claim?
The investigation of each claim is specific to the facts and circumstance of the claim. Since investigations involve obtaining information from outside sources, the time needed to investigate and resolve claims varies.
Although the Comptroller’s Office seeks to settle claims where the City is liable, the timeframe to settle a claim is limited to 1 year and 90 days from the date of the incident. Sometimes an investigation cannot be completed in that timeframe and the Comptroller’s Office cannot offer settlement. In order to pursue your claim, you must file a lawsuit in court within 1 year and 90 days of the date of the incident.
The Comptroller’s Office cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed.
6. Do I have to pursue my claim through the Comptroller’s claims process?
While you must file a notice of claim with the Comptroller’s Office within 90 days of the incident, you do not have to pursue settlement of the claim through the Comptroller’s Office’s claims process. Thirty days after you file your notice of claim and comply with the hearing demand you can file a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of the incident.
Once a lawsuit is filed, the Comptroller’s Office cannot discuss the claim and all communications must be directed to the New York City Law Department, as attorneys for the City.
7. Do I need a lawyer to receive a settlement for my personal injury claim?
You do not need a lawyer to settle a personal injury claim. The Comptroller’s Office regularly settles claims with both represented and unrepresented claimants.
8. What happens if my claim does not settle?
There are instances where the Comptroller’s Office may decline to offer a settlement because it is determined that the City is not legally responsible for the alleged wrongful action or inaction or the investigation is inconclusive. You can further pursue your claim by filing a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of the incident.
9. Who can I contact about my claim?
Once you have filed your claim, if you have questions about or want to discuss your personal injury claim, you can contact the assigned examiner. If you do not know who the examiner is or do not have the assigned examiner’s direct contact information, you can call (212) 669-4729.
The information provided on this website does not, and is not intended to, constitute legal advice; all information and content available on this site is for general informational purposes only.
Settlement offers and settlements do not constitute an admission of liability.