What Is Sovereign Immunity and When Can You Sue the Government in New York?

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Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

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• June 6, 2025

What Is Sovereign Immunity in New York Personal Injury Cases?

Quick Answer: Sovereign immunity means you usually can’t sue the government without its permission. In New York, you can sue the state or city in certain cases—like for negligence or civil rights violations—if you follow special steps and tight deadlines. If you’ve been injured in New York City because of a government agency in New York City, contact The Orlow Firm for a free case evaluation at (646) 647-3398.

Can You Sue the Government in New York?

Yes, in many cases you can sue the government in New York, but there are special rules. This is because of a legal concept called sovereign immunity. Sovereign immunity means that the government is usually protected from lawsuits unless it agrees to be sued.

Both New York State and New York City have waived some of this immunity. That means they allow lawsuits under certain conditions, especially in cases involving personal injury, property damage, or wrongful death caused by a government employee or agency.

However, suing a government entity is not the same as suing a private person or business. There are extra steps you must take, and deadlines are often much shorter.

In New York City, you may be allowed to sue if:

• You were injured because of negligence by a city agency , like the NYPD, Department of Transportation (DOT), or Department of Sanitation (DSNY).
• A city worker was driving a government vehicle and caused an accident.
• You slipped and fell on city-owned property that wasn’t properly maintained.
• Your child was hurt in a public school due to unsafe conditions or lack of supervision.

But before you can sue, you usually need to file a Notice of Claim. This legal step lets the city or state know you plan to sue. It must be filed within 90 days of the incident, or your case may be dismissed.

It’s also important to know that not every injury caused by the government will lead to a successful lawsuit. The law makes some exceptions where the government is still immune. For example, certain decisions made during emergency situations—like police or ambulance responses—might be protected under sovereign immunity.

Suing the government in New York is possible, but it’s more complex than regular personal injury cases. If you were hurt by the actions of a government agency or employee, it’s important to act quickly and understand your rights and deadlines. For help navigating the process, you can contact The Orlow Firm at (646) 647-3398 for a free consultation.

What Are the Exceptions to Sovereign Immunity in NYC?

Sovereign immunity usually protects government agencies from being sued. However, there are important exceptions in New York City that allow people to file claims when they’ve been harmed by a city or state agency. These exceptions are meant to give injured people a way to seek justice and financial compensation.

Here are some key exceptions to sovereign immunity in NYC:

• Personal injury due to negligence: If a government worker or agency causes harm through carelessness—like failing to maintain a sidewalk or causing a car crash with a city-owned vehicle—you may be able to sue.
• Unsafe public property: If streets, sidewalks, or public buildings are not properly maintained and you get hurt, the government can be held responsible in some cases.
• Premises liability: If you’re injured on government-owned property such as a public park, school, or housing complex, the agency in charge might be liable if it knew (or should have known) about the hazard and didn’t fix it.
• Municipal vehicle accidents: If you’re hit by a bus, garbage truck, or other city vehicle, you may have the right to file a claim against the city, especially if the driver acted recklessly or violated traffic laws.
• Police misconduct or excessive force: Victims of wrongful arrests, excessive force, or other abuse by law enforcement may be able to file a claim or lawsuit against the NYPD or the City of New York.
• Medical negligence at public hospitals: If you’re injured due to improper care at a city-run hospital, like those managed by NYC Health + Hospitals, you might have a valid claim.

It’s important to know that while these exceptions exist, strict rules and deadlines apply. In many cases, you must file a Notice of Claim within 90 days of the incident. Missing this deadline can hurt your chance at seeking compensation.

If you believe a city or state agency is responsible for your injury, it’s important to act quickly. A personal injury lawyer can help you understand if your case qualifies under an exception to sovereign immunity and guide you through the legal process.

What Types of Government Claims Are Common in New York City?

In New York City, you can sometimes file a lawsuit against a government agency or employee if you’ve been harmed due to their actions. These types of legal claims must fall into certain categories where the government has waived its protection under the legal concept called sovereign immunity. Sovereign immunity means the government usually cannot be sued unless it allows it. In New York, both the city and state allow some lawsuits under specific rules.

Here are some of the most common types of government-related claims in New York City:

• Trip and fall on city property: If you tripped on a broken sidewalk, uneven curb, or pothole, you may be able to file a claim. These cases often involve the City of New York or another local agency that failed to keep public walkways safe.
• Car accidents involving government vehicles: If you were hit by a vehicle owned by the city, like a sanitation truck, police car, or public bus, you may have a valid claim against the city or agency that operates the vehicle.
• Injuries in public schools: Students or staff who suffer injuries at New York City public schools may be able to file a claim against the Department of Education, depending on how the injury occurred.
• Police misconduct or excessive force: Victims of wrongful arrest, brutality, or civil rights violations caused by law enforcement can sometimes sue the NYPD or city for damages.
• Injuries in parks or public buildings: If you were hurt by a dangerous condition in a city-owned park, library, or other public building, a claim could be filed against the agency in charge of maintaining the property.
• Negligent operation of public hospitals: Claims involving medical errors or neglect at facilities like NYC Health + Hospitals can fall under special rules that allow for lawsuits against the city’s health system.
• Workers injured on public projects: Contracted workers on city projects may file claims if injured due to unsafe conditions on a government construction site.

These types of claims are often more complex than claims against private individuals or companies. They also have stricter rules and shorter deadlines. For example, many government claims in NYC must begin with a Notice of Claim, which is a formal document sent to the government agency. This must usually be filed within 90 days of the incident.

If you believe a city or state agency caused your injury, it’s important to take action quickly. You may still have legal options even if the government is involved. To talk about your specific situation, contact The Orlow Firm at (646) 647-3398 for a free consultation.

How Do You File a Claim Against the Government in NYC?

Filing a claim against the government in New York City is very different from filing a personal injury claim against a private individual or business. The rules are stricter and the deadlines are much shorter. If you were hurt due to the actions or negligence of a city, state, or other government agency, there are specific steps you must follow.

Here’s a general guide on how to file a claim against the government in NYC:

1. Determine if a government agency is responsible: Before filing a claim, you must know which agency may be at fault. For example, you may sue the NYPD for excessive force, the New York City Department of Transportation for unsafe roads, or the MTA for subway or bus accidents.
2. File a Notice of Claim: This is the most important step. In New York, you must file a document called a “Notice of Claim” before you are allowed to sue a city or state agency. This is a written warning to the government that you intend to file a lawsuit.
3. Act quickly—there’s a 90-day deadline: In most cases, you must file the Notice of Claim within 90 days of the incident. Missing this deadline can lead to your case being dismissed.
4. Include the right information: The Notice of Claim should state:
   1. The name and address of the person filing the claim
   2. The date, time, and location of the incident
   3. A brief description of what happened
   4. Why you believe the government is responsible
   5. The nature of your injuries or damages
5. Serve the Notice of Claim properly: You must send the Notice of Claim to the correct government agency. This can include the City of New York, a school district, a public hospital, or a state agency. Each has different rules about where to send it, and it usually must be done in person or by certified mail.
6. Wait for a response or investigation: After you file a Notice of Claim, the government may ask to hold a hearing, similar to a deposition, where you explain your case under oath. They may use this to decide whether to settle or fight your claim in court.
7. File your lawsuit: After filing your Notice of Claim and completing any hearings, you must file your lawsuit in court. In most cases, you have one year and 90 days from the date of the accident to take legal action, but this can vary.

Because these deadlines and steps can be confusing and stressful—especially when dealing with injuries—it’s often helpful to speak with a personal injury lawyer familiar with government claims in New York City. Mistakes in the filing process can hurt your eligibility to recover damages.

If you or a loved one was injured and believe a city, state, or other government agency is involved, call The Orlow Firm at (646) 647-3398 to discuss your case. We can help guide you through the claims process and ensure that important deadlines aren’t missed.

What Is the Statute of Limitations for Suing a Government Agency in New York?

When you want to sue a government agency in New York, you must follow special rules and tight deadlines. One of the most important rules is the statute of limitations. This is the legal time limit for starting a lawsuit. If you miss this deadline, your case may be dismissed—even if it’s strong.

For most personal injury cases against the City of New York or a state agency, the statute of limitations is one year and 90 days from the date of the incident. This is much shorter than the three years you usually get to sue a private person or company.

But before you can even file a lawsuit, another step is required. In most cases, you must file something called a Notice of Claim first. This puts the government on notice that you may take legal action.

• Notice of Claim Deadline: 90 days from the date of the injury or accident
• Time to File a Lawsuit: 1 year and 90 days from the date of the incident

Here’s an example: Say you trip on a broken NYC sidewalk and get injured on January 1. You would have until March 31 to file the Notice of Claim, and until March 31 of the following year to file your lawsuit.

If the injury happened in a public hospital or school, the deadlines are usually the same. But different agencies may have different rules, so it’s important to act quickly and gather information early.

Also, suing the State of New York—not just a local government or city agency—means filing your case in the New York Court of Claims. This court has its own rules and might have a different timeline depending on your type of claim.

Since the rules and deadlines can be confusing, speaking with a personal injury lawyer as soon as possible is a good idea. If you were harmed by the government or a public agency in New York City, call The Orlow Firm at (646) 647-3398 to schedule a free consultation.

Do You Need a Notice of Claim Before You Sue the Government in NYC?

Yes, in most cases, you must file a Notice of Claim before you can sue the government in New York City. This applies when you plan to sue a city, county, or state agency for personal injury, wrongful death, or property damage. A Notice of Claim is a legal document that alerts the government about your claim and gives the agency time to investigate.

This rule exists because of a legal principle called sovereign immunity. That means you can’t sue the government unless the law says you can. New York has laws that allow lawsuits against the government—but only if you follow certain steps first. Filing a Notice of Claim is often the very first step.

Here’s what you need to know about filing a Notice of Claim in NYC:

• Deadline: You usually must file the Notice of Claim within 90 days of the incident. Missing this deadline could prevent you from filing a lawsuit.
• Where to file: You must send the claim to the correct city or state agency. For example, if your injury involves a city bus, you may need to file your claim with the NYC Transit Authority.
• What to include: The Notice of Claim must include your name and address, the date and location of the incident, a brief description of what happened, and what damages you are claiming.

Why is this important? If you do not file a Notice of Claim on time—or if you send it to the wrong office—the court may dismiss your case. That means you could lose your chance to get financial compensation.

Example: If you trip and fall on a broken sidewalk owned by the city, you must file a Notice of Claim with New York City within 90 days. This gives the City a chance to fix the problem and look into what happened before you file a lawsuit.

There are exceptions, but they are rare. In some cases, a judge may allow a late notice, but only under special circumstances. This is why it’s crucial to act quickly after an incident involving a government agency.

If you’ve been injured and a city or state agency may be responsible, it’s important to understand your rights. The process can be confusing and time-sensitive. For help filing a Notice of Claim or exploring your legal options, you can contact The Orlow Firm at (646) 647-3398 for a free consultation.

What Should You Do If Your Injury Involves a City or State Agency?

If you were injured and a city or state agency was involved, it’s important to act quickly. Suing the government in New York is different from suing a private person or company. There are special rules and strict deadlines. Missing a key step could prevent you from filing your case at all.

Here are the most important steps you should take:

1. Get medical attention right away – Your health is the top priority. Even if your injuries seem minor, get checked by a doctor. This creates a medical record that links your injury to the incident.
2. Document everything – Collect as much information as possible. Take photos of the scene, your injuries, and anything else involved (like broken sidewalks, traffic signs, or government vehicles). Write down names of witnesses, officers, or employees involved.
3. Identify the agency involved – In New York City, incidents may involve city agencies like the NYPD, FDNY, Department of Sanitation, or MTA. In other situations, it could be a state agency. Knowing who is responsible is key to filing correctly.
4. Know the deadline to file a Notice of Claim – In most cases, you must file a Notice of Claim within 90 days of the incident. This formal paper tells the government you plan to sue. If you do not file a Notice of Claim on time, your case could be dismissed.
5. Contact a personal injury lawyer as soon as possible – These cases are complex. A lawyer can help you meet deadlines, gather evidence, and avoid common mistakes. They can also file the Notice of Claim and represent you in court if needed.

Examples of when these rules may apply include:

• Slip and fall accidents on city sidewalks, subway platforms, or public buildings
• Vehicle crashes involving city buses, garbage trucks, or emergency vehicles
• Injuries in schools, public parks, or NYCHA buildings
• Harm from police actions or lack of proper safety measures

It’s normal to feel overwhelmed after an injury, especially when the government is involved. Taking fast and careful action can help protect your legal rights. If you were hurt and think a city, state, or government agency is responsible, call The Orlow Firm at (646) 647-3398 for guidance specific to your case.

How Can a Personal Injury Lawyer Help with Sovereign Immunity Cases in NYC?

Sovereign immunity can make it hard to sue a government agency, but a personal injury lawyer can help you through this process. Suing the City of New York or a state agency involves special rules and strict deadlines. A lawyer who understands these laws can guide you and help protect your rights.

Here are several important ways a personal injury lawyer can help with sovereign immunity cases in NYC:

• Identify if you can sue: A lawyer will first determine whether your case qualifies as an exception to sovereign immunity. This means figuring out if the government can be held responsible for your injury.
• File a Notice of Claim: Before you can sue most government bodies in New York, you must file a “Notice of Claim.” This gives the agency advanced notice of your intention to sue. A lawyer can make sure this is done right and on time—usually within 90 days of the incident.
• Meet important deadlines: Lawsuits against government agencies often have shorter time limits than other types of cases. An attorney will know these deadlines and make sure they are not missed.
• Gather strong evidence: Proving government responsibility can be challenging. A lawyer can help collect records, statements, and other proof to support your case.
• Handle legal paperwork and court procedures: Legal documents must be prepared and filed correctly. A lawyer understands how to do this for cases involving city or state agencies, such as the NYPD, Department of Sanitation, or MTA.
• Negotiate with government lawyers: Government agencies usually have legal teams. A personal injury attorney can speak and negotiate with them on your behalf.
• Fight for fair compensation: If your case goes forward, a lawyer can work to get you the financial recovery you need for medical bills, lost wages, or pain and suffering—when allowed by law.

Cases involving sovereign immunity are different from most personal injury claims. They require extra steps and often involve complex legal rules. For example, if you slip and fall on a broken sidewalk owned by the city, or are injured on public property, your claim must follow certain legal rules or it could be dismissed.

If you or a loved one believes a government agency caused your injury, it’s important to speak with someone who knows how sovereign immunity works in New York City. Contact The Orlow Firm at (646) 647-3398 for a free and confidential consultation. We’re here to help you understand your options and take the right steps forward.

FAQs About Sovereign Immunity and Government Lawsuits in New York

Contact The Orlow Firm for a Free Consultation About Your Case

Suing a government agency in New York City is not always simple. Issues like sovereign immunity can limit your ability to file a lawsuit. Sovereign immunity is a legal rule that protects government entities from being sued in many situations. However, there are some important exceptions that may allow you to take legal action.

If you were injured and believe a city, state, or other government agency is responsible, it’s important to act quickly and get the right legal guidance. At The Orlow Firm, we can help you understand if your case is one where an exception to sovereign immunity applies.

We offer a free consultation so you can:

• Find out if sovereign immunity applies to your case
• Learn which agency might be responsible (such as the City of New York, MTA, NYPD, or a state department)
• Understand important deadlines , including the Notice of Claim requirement, which can be as short as 90 days
• Get answers to your questions in clear, easy-to-understand terms
• Discuss what steps to take next to protect your rights

Government-related injury claims are very different from other personal injury cases. Whether your injury happened due to a subway slip, a potholed sidewalk owned by the City, or a police car accident, you may still have legal options. But missing even one deadline or filing in the wrong way can cause your case to be thrown out.

To talk about your situation with a compassionate and experienced attorney, call The Orlow Firm at (646) 647-3398 for your free, no-obligation consultation. We’re here to help you take the right steps — and to do it on time.

The Following People Contributed to This Page

Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

Read More