Experienced NYC Attorneys Offer Advice on Suing the Fire Department
Determined trial lawyers with a proven track record of success
At Barasch & McGarry, we have a long history of representing injured firefighters throughout the five boroughs, Long Island and the rest of New York State. We are motivated by genuine concern for our clients, and we respond to their concerns with sensitivity and professionalism. We provide reliable advice based on hundreds of injury cases and more than $1 billion recovered for our clients. We are prepared to represent you in legal actions against:
- Fire Department of New York
- Albany Fire Department
- White Plains Fire Department
- Long Island Fire Departments
Should you decide to retain our services for a lawsuit against your fire department, you can rest assured we will focus on the best possible outcome, then proceed aggressively and professionally to achieve it.
How a firefighter can bring a case against the department
There are significant difficulties for firefighters who consider suing their department. The first consideration is the very limited time in which you must take action. A notice of claim must usually be filed against the City of New York within 90 days of the accident. This is a prerequisite to bringing a lawsuit, and the failure to do so will result in a forfeiture of a firefighter’s right to sue.
In New York, the harsh firefighter’s rule still applies to actions against a firefighter’s employer, so you must demonstrate that your job as a firefighter did not increase the likelihood of suffering the injury. An experienced attorney can analyze the case to determine whether the firefighter’s rule is in fact a bar to a negligence action against the Fire Department. On the other hand, whenever a firefighter’s injuries are caused by a statutory violation, he or she has the right to recover under General Municipal Law 205-a. Under this generous statute, the firefighter can recover even where the violation only indirectly caused the injury. For this reason, an attorney must search exhaustively to find any applicable statutory violations.
As a government agency, the fire department enjoys sovereign immunity. In the context of firefighting, that means that personnel cannot be sued for decisions about how to fight a fire. If an officer’s poor judgment put you in harm’s way, you must show that the order was so far off the mark that it violated a basic tenet of firefighting.
These complications in the law are precisely why you need a lawyer who has experience litigating serious firefighter injuries.
Contact our experienced attorneys for legal action against your fire department
Barasch & McGarry provides effective legal representation for injured firefighters. If you have suffered a serious, career-threatening, on-the-job injury, we are prepared to assert your rights. To schedule a free consultation with an experienced firefighter attorney, call us at 844.874.1564 or contact our office online.