All claims against the state of New York are brought before a special, limited jurisdiction court called the Court of Claims. This court is limited to bench trials-that is, cases are tried before a judge, and there is no option for a jury trial.
The reasons for this are complicated and controversial, but as it stands, this is the only option available for those who wish to file suit against the state for any reason.
How does the Court of Claims differ from other courts?
The Court of Claims differs from other types of court in a number of significant ways.
- The Court of Claims hears only claims brought against the State of New York, including claims brought against certain entities under control of the State, such as the Correctional Department and the Transportation Authority.
- The Court of Claims has very strict time limitations that limit the amount of time you have to file a suit against the state.
- The Court of Claims does not offer the option of a jury trial. All trials in the Court of Claims are presided over by a judge.
- All cases brought in the Court of Claims are defended by the state Attorney General's office.
- Final decisions of the Court of Claims are reviewed by a secret panel before the verdict is officially recorded.
Some of the types of trials heard in the Court of Claims include:
- Personal injury lawsuits, for those who have suffered injuries on premises controlled by the state of New York.
- Worker's compensation claims for employees of the state of New York, and for private employees covered under state employee compensation laws.
- Wrongful death claims against the state of New York
- Appropriations claims against the state
- Breach of contract claims
What you should know about filing suit against the State of New York
As you can see, claims against the State of New York are treated very differently from claims against other entities. For this reason, it is vital that you seek the counsel of an experienced trial attorney who is familiar with these unique rules and guidelines.
If you believe you have a valid claim against the state of New York, it is important that you seek legal counsel as soon as possible, to preserve your rights, and to determine the best way to go about seeking the compensation you deserve.
Your free, no-obligation consultation
Our experienced attorneys are experienced with the New York Court of Claims and how it operates; so if you believe you have a case against the State of New York, call or email the Stanley Law Offices today, and we'll go over your case with you in detail, and help you understand the options available to you.
