On November 29th 2024 I was assaulted by my next door neighbor. She hit me with a blunt instrument that was in a bag. I admitted myself to the hospital. I have a doctor note and pictures of my injury. I want to sue the state for not doing a thorough investigation.
Ms. Watson, sorry to hear what happened to you. In New York, before you can file a lawsuit against the State of New York, you must first file a Notice of Claim within 90 days of the occurrence. If you haven't filed a Notice of Claim yet, you will be uanble to bring a lawsuit against the State. Here's something I found online which you might find helpful, https://ww2.nycourts.gov/COURTS/nyscourtofclaims/faq.shtml
Keep in mind that under the doctrine of qualified immunity, the State would likely not have any liability for not performing what you believe to have been a thorough enough investigation. The individual who assaulted you, however, would be responsible for any harm she caused you. The statute of limitations for bringing a lawsuit against this individual would be one (1) year from the date of the incident.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
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