Decolator, Cohen & DiPrisco - Authors of The Police Officers Right to Sue Newsletter

A LESSON LEARNED

OFFICER RECEIVES A $700,000 SETTLEMENT FROM CITY OF NEW YORK AFTER ANOTHER LAW FIRM ABANDONED HER CASE

An Officer assigned to the Mounted Unit suffered a serious injury when a bathroom window collapsed on the second floor of the command. The Officer suffered a hand injury which required surgery and led to her being awarded a ¾ line-of-duty accidental disability pension.

The Officer initially hired a relative’s law firm which did not specialize in plaintiff’s personal injury. Although the firm filed a timely notice of claim and a summons and complaint against the City of New York, the firm failed to allege a GML § 205-e violation which is critical to a successful prosecution of the case. After receiving an answer from the City of New York denying the allegations contained in the complaint, the prior firm did no legal work on the file for eight years. The Officer saw our website www.policeofficersrighttosue.com and immediately contacted DCD. The Officer retained DCD and DCD immediately filed a motion to a Justice in New York County Supreme Court requesting the Officer’s summons and complaint be amended to include the General Municipal Law § 205-e cause of action. Fortunately, the Court granted DCD’s application allowing the GML § 205-e cause of action.

DCD vigorously pursued the prosecution of the Officer’s claim and within two years of being retained, the City offered $700,000 to settle the matter. The Officer accepted the offer and was grateful that she discovered DCD, whose expertise on police accident cases brought a successful conclusion to this case.

Members of the service have to be aware that if they consult an attorney regarding a line-of-duty accident, the attorney must be familiar with GML § 205-e. New York State Officers and particularly, New York City Police Officers have expanded rights to sue for personal injuries under the GML § 205-e statute. Many officers have informed DCD that other lawyers have instructed them that although they had potential substantial viable line-of-duty lawsuits, the attorneys told the Officers they had no case. These lawyers were not aware of GML § 205-e nor were they aware of the substantial case law surrounding GML § 205-e. These lawyers informed members of the service that their claim is either barred because of the firefighter’s rule or that New York City Police Officers cannot sue their employer, the City of New York because the claim is barred by Workers’ Compensation. DCD has seen officers losing millions of dollars in potential settlements because of poor legal advice. Members of the service must seek counsel competent in dealing with General Municipal Law § 205-e when they seek representation in the prosecution of line-of-duty accidents.