When a Municipality Causes an Injury in New York State: Your Rights and What You Need to Know

If you were injured because of the negligence or misconduct of a city, town, county, New York State agency, public authority, or government employee, you may be dealing with much more than the injury itself. Medical treatment, pain, lost income, and uncertainty about your recovery can affect you and your family.

It can be especially frustrating when the harm was preventable and caused by a government entity or employee that you expected to act responsibly.

You may have the right to pursue compensation. But when a government entity is responsible, the rules can be different from an ordinary personal injury case. Claims may involve deadlines as short as 90 days, special notice requirements, pre-lawsuit hearings, government-specific defenses, and questions about which government entity is actually responsible.

Being injured by a municipality does not mean you cannot pursue compensation. Government entities can be held accountable in appropriate circumstances, and an initial denial or defense by a municipality does not necessarily mean your case is over.

This article explains the issues injured plaintiffs should understand, the obstacles municipalities may raise, and why experience handling claims against government entities can matter.
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National Make-A-Will Month: Why Every Adult Needs an Estate Plan

Every August, National Make-A-Will Month serves as an important reminder to create, or review, your estate plan.

Every adult, not just retirees or wealthy individuals, should have an estate plan.  Not only does planning in advance ensure that your assets are distributed according to your wishes rather than New York’s default inheritance laws, but it can also can identify who may make financial and medical decisions for you if you become unable to do so yourself.

More Than a Will: Protecting Yourself and Your Family

Estate planning is about protecting yourself and your family, not just deciding who inherits your property after your death.

While a will is an important part of the process, a comprehensive estate plan may also include a power of attorney, Health Care Proxy, living will, a review of beneficiary designations and property ownership, and, when appropriate, trusts to help ensure your wishes are carried out during your lifetime and after your death.
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Legal Analysis of AG’s Announcement on Lack of Authority to Prosecute Border Patrol Agents in Death of Refugee

WIVB News 4 recently reported on New York State Attorney General Letitia James’ announcement that her office has ended its criminal investigation into the death of Rohingya refugee Nurul Amin Shah Alam. James stated that she has determined that her office lacks the authority to prosecute the federal Border Patrol agents involved.

To help viewers understand the legal issues surrounding the Attorney General’s announcement and what could happen next, WIVB News 4 spoke with attorney Barry Covert to provide legal analysis on the case.

During the interview, Barry Covert discussed:

  • the timing of the Attorney General’s announcement that her office lacks the authority to prosecute this case;
  • the challenges that the Erie County District Attorney’s Office may face if it attempts to pursue criminal charges; and
  • the likelihood that civil lawsuit may be filed against U.S. Customs and Border Protection agents in the death of Shah Alam.

The following are details on the information Barry Covert provided legal analysis on for WIVB. Click the video at the bottom of this post to watch the full segment that was broadcast on WIVB News 4.
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