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Steps to Sue ACS
Ehen suing NYC your must provide notice in the form of a Notice of Claim. The City then has 90 days to review the claims.
TORT CLAIMS
In FY 2020, for a third fiscal year, there was a decline in the City’s payouts on personal injury and property damage claims (collectively, tort claims), which include allegations of slip and falls, medical
Ehen suing NYC your must provide notice in the form of a Notice of Claim. The City then has 90 days to review the claims.
TORT CLAIMS
In FY 2020, for a third fiscal year, there was a decline in the City’s payouts on personal injury and property damage claims (collectively, tort claims), which include allegations of slip and falls, medical malpractice, police action, and motor vehicle property damage claims. The number of tort claims filed in FY 2020 decreased by 11 percent and the amount paid out in settlements and judgments in FY 2020 decreased by 14 percent. Yet, New Yorkers continue to pay for claims that were filed more than a decade ago.
- In FY 2020, the City paid out $545.8 million in tort claims, $87.5 million less than the $633.3[3] million paid out in FY 2019.[4]
- In FY 2020, the City paid out $60.2 million for personal injury tort claims that were filed prior to FY 2011 (legacy claims).
- Excluding legacy claim payments, personal injury tort claim payouts declined from $575.4 million in FY 2019 to $478.7 million in FY 2020.
Medical Malpractice Claims
Since FY 2011—when 611 claims were filed—the number of medical malpractice claims filed has steadily declined over the past 10 fiscal years. Regardless, we anticipate that the City will continue to pay out costly settlements and judgments as a result of the large number of medical malpractice claims filed in years past.
- In FY 2020, there were 392 medical malpractice claims filed, down 19 percent from the 482 medical malpractice claims filed in FY 2019.
- Medical malpractice claim settlements and judgments in FY 2020 decreased to $65.4 million from $106.5 million in FY 2019.
Civil Rights Claims
- In FY 2020, the Comptroller’s Office resolved two wrongful conviction claims pre-litigation. These two claims accounted for just 0.4 percent of all civil rights claim settlements, for a total of $11.75 million, or 17 percent of all civil rights claim settlements paid out in FY 2020.
New York City Police Department Claims
- The number of tort claims filed against the New York City Police Department (NYPD) dropped to 5,728 in FY 2020 from 5,851 in FY 2019, a two percent decline.
- NYPD tort claim settlement and judgment payouts declined from $225.2 million in FY 2019 to $205.0 million in FY 2020, a nine percent decrease.
- NYPD tort claims accounted for 38 percent of the total overall cost of resolved tort claims in FY 2020.
Department of Sanitation Claims
- In FY 2020, Department of Sanitation (DSNY) tort claim settlement payouts totaled $37.7 million, $33.8 million less than the $71.5 million paid out in FY 2019.
- This significant drop in DSNY settlements paid out in FY 2020 compared to settlements paid in FY 2019 and FY 2018 represents a return to the range of settlement amounts paid each fiscal year between FY 2011 and FY 2016.
LABOR AND EMPLOYMENT CLAIMS
Historically, claims by City employees relative to the terms and conditions of their employment have been recorded as either personal injury civil rights claims or law salary claims depending on the nature of the claim. Beginning in FY 2019, the Comptroller’s Office began recording all claims filed by City employees relative to the terms and conditions of their employment as labor and employment claims. In the FY 2020 Claims Report, we continue to report claims data for FYs 2019 and 2020 labor and employment claims under its historic claim types for analysis continuity.
LAW CLAIMS
Law claims include disputes arising from City contracts, equitable claims, refund claims, City employee salary disputes, claims involving Department of Education (DOE) special education matters, sidewalk assessments, cleanup costs levied on property owners who are in violation of the Mental Hygiene Law, and affirmative claims that are brought by the City against individuals, companies, corporations, and other entities for torts, breaches of contract, and as remedies for violations of civil codes.
- In FY 2020, the City paid out $486.2 million in law claims, a 34 percent increase from the $363.2 million paid out in FY 2019.
- Ninety-three percent of all law claim settlements and judgments in FY 2020 were related to claims for special education tuition and services reimbursement and attorneys’ fees.
Special Education Claims
- The total settlement amount paid out for DOE special education claims in FY 2020 increased 27 percent to $363.5 million from $285.7 million paid out in FY 2019.
- Special education claim payouts in FY 2020 were 179 percent greater than special education claim payouts in FY 2014.
Contract Claims
- In FY 2020, the settlement of 11 delay claims, a subcategory of contract claims, accounted for 58 percent of all contract claims settled.
- The $48.3 million paid out on these 11 delay claim settlements make up 97 percent of the $49.8 million in settlements paid out for all contract claims in FY 2020.
- In FY 2020, delay claim settlements increased the overall cost to the City on the subject projects by six percent over the total original contract prices.
Affirmative Claims
- In FY 2020, the Comptroller’s Office approved settlement of 309 affirmative claims for a benefit to the City of $16.7 million, as compared to FY 2019, when 938 affirmative claims were settled for $24.5 million. The FY 2020 affirmative claims recovery was $7.9 million or 32 percent less than the amount recovered in FY 2019.
- In FY 2020, the City recovered civil penalties, a subcategory of affirmative claims, in the amount of $1.6 million on 258 claims, down from $3.9 million recovered in civil penalties on 592 claims in FY 2019.
Salary Claims
- In FY 2020, there were settlement and judgment payouts on 23 salary claims for a total of $61.4 million. The $53.9 million increase in salary claim payouts in FY 2020 was seven times the $7.6 million paid out in FY 2019. This increase in FY 2020 payouts is attributable to eight-figure payments related to an FLSA collective action and two discrimination class actions.
Overview of the Comptroller’s Initiatives to Manage Risk and Implement Best Practices
ClaimStat and Inter-Agency Partnerships
The Comptroller’s Office introduced ClaimStat, a data-driven analysis of claims filed against the City, in 2014. ClaimStat was conceived as a way for City agencies to review claims data in real time, identify claim filing trends that are costly to the City, and implement policies and best practices to mitigate risk. ClaimStat has proven to be a valuable device for City agencies using risk analysis to reduce the number of claims filed against the City and, in turn, limit the City’s financial exposure.
Steps to Sue ACS
Steps to Sue ACS
Steps to Sue ACS
The first step is a consultation to see if you have a case. We will advise you off we will take your case. Please bring as much paperwork as you have to our office.
SUE ACS TODAY
Steps to Sue ACS
SUE ACS TODAY
CALL US AT 917-519-8417 for a free case review..
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SUE ACS FAQs
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SUE ACS FAQs
How do I Know if I have a case?
- contact our office for a free consultation
How long will the case take?
- Each case is different and times range.
Will it cost me anything?
-No. There is no out of pocket expenses for client
Must case be over?
Yes the court case must have been dismissed or found not guilty
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