Who Can I Sue?

Do You Have Questions about How to Sue Someone in New York? or How to File a Lawsuit in NY City?

If you or someone you love has been injured due to the negligence of others, filing a suit can help you take back the situation and recover the compensation you deserve for economic loss and suffering. Before you do, however, you need to answer one simple question: Who can you sue? The answer depends on the specifics of your case, including who is liable for your injury as well as where the accident occurred.

NYC Attorneys Helping You Decide Who to Sue

In most personal injury cases, you may file suit against the party responsible for your accident. Anyone from the manufacturer of a defective product to a landlord in charge of security at your apartment building may be held liable.

In other cases, the answer to "Who can you sue?" is not always completely obvious.

  • Injured at Work? How to Sue or File a Lawsuit Against Your Employer

Under New York law, you can only collect damages for medical expenses, lost wages and some other expenses related to your accident. You cannot sue your employer for pain, suffering, or emotional damage stemming from the loss of a loved one. However, you may be able to file a third-party injury claim against someone other than your employer to recover this compensation.

A third-party injury claim seeks compensation for pain and suffering from a negligent party other than your employer. For example, if you get in a New York car accident while on the job, you can sue the negligent driver for financial damages.

  • Injured in a Public Transportation Accident? How to Sue or File a Lawsuit Against the MTA

Like in workplace accidents, injured people cannot sue the Transit Authority for pain and suffering caused by bus accidents, New York taxi cab accidents or subway accidents. can sue the appropriate transit authority, such as the Metropolitan Transit Authority, the New York City Transit Authority, the Long Island Rail Road, or the Port Authority of New York and New Jersey, for damages. You can collect economic restitution through your or the transit authority's no-fault insurance plan, and you may be eligible to seek additional compensation through a lawsuit.

You may also be able to hold the transit authority liable for accidents caused by negligent maintenance of their premises, such as stations, platforms, stairs, and elevators, just like any other property owner. For example, if you slipped and fell on collected water from a leaking pipe on a station platform, you may have the right to sue for premises liability.

Skilled New York Injury Lawsuit Lawyers

The New York law firm of Tolmage, Peskin, Harris, Falick has more than 40 years of experience representing injured clients throughout the five boroughs, as well as tourists from out-of-state. We help our clients determine who is at fault for their injuries and who they can sue for benefits and compensation.

Contact the New York lawyers of Tolmage, Peskin, Harris, Falick to discuss the details of your situation in a free consultation. Let us review your case and help explain how you can file suit to obtain maximum financial recovery.

To learn more, see our Steps to Filing a New York City Lawsuit article.

The NYC civil lawsuit filing attorneys of Tolmage, Peskin, Harris, Falick represents clients in all five boroughs of New York: Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, and in New York County, Kings County, Richmond County, Suffolk County, Nassau County, Westchester County, Rockland County, and the remainder of the State of New York.

The discussion on this page is generic and may not be specific to NY law and in fact, NY law may be materially different.