TIME IS OF THE ESSENCE!
Perhaps the single most important document in any personal injury lawsuit on behalf of a firefighter is the Bureau of Fire Investigation's Fire and Incident Report. But that does not mean firefighters can count on them any longer. Here's why.
Firefighters often don't consult with a lawyer until many months or even years after an accident. This delay can operate to bar a claim in a number of ways. Most obviously, the statute of limitations, which begins to run from the moment you are injuried, may expire before you consult with an attorney. But delay in consulting an attorney works against an injured firefighter in another less obvious, but critical way: delay hampers an attorney's ability to conduct a meaningful investigation of the accident.
Locating witnesses, taking photographs, obtaining court orders to preserve evidence, hiring the best experts and other crucial investigation must be done early. As time passes, evidence is lost, discarded or repaired, trails grow cold, and memories fade, oftentimes taking with them meritorious lawsuits.
Many lawsuits on behalf of firefighters owe their success to the thorough and meticulous work of a fire marshal. A fire marshal's determination of cause and origin of a fire is often the smoking gun in a fire related lawsuit. Fire marshals take photographs, interview witnesses, and create diagrams, thereby preserving valuable information. Many times, when a firefighter has delayed in consulting an attorney, it is the Fire and Incident Report that saves the case.
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Unfortunately, as a result of the current budget crisis, the City has already significantly reduced the number of active fire marshals. Hundreds of fire marshals have been let go or reassigned. This translates to a reduction in the number of fires investigated. In turn, it is more likely that a firefighter injured at a fire will not have the benefit of a Fire and Incident Report, should he choose to bring a lawsuit.
It has always been important to consult with a lawyer as soon as possible after an accident. However, it is more important now than ever before. If a fire marshal does not conduct an investigation of a fire, your attorney can, and will. But time is of the essence.
Finally, you should know that there are especially strict time constraints for lawsuits against municipal entities. Such lawsuits require the filing of a notice of claim within 90 days of the accident. It is not always readily apparent that a lawsuit is against the City of New York. For example, a firefighter injured in a residential building may not realize that the building is in fact owned by the City, thus triggering the 90-day notice of claim requirement. For all of these reasons, timely consultation with an attorney is critical.
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