Michael G. McCartin Law PLLC

As soon as you possibly can. Because there are various statutes of limitations periods for different types of causes of action – which can range to even as low as 90 days and four (4) months for certain actions against the State of New York – it’s paramount that you see an attorney as soon as you are physically able, so as to ensure that you can properly protect your rights. See https://nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml for a listing of various statutes of limitations periods (which is up-to-date as of February 2024).

42 U.S.C. Section 1983 provides an individual the ability to sue state government employees and others acting “under color of state law” for alleged civil rights violations. Section 1983 does not provide the civil rights to be enforced in court; rather, it is a means to enforce the civil rights that already exist in the U.S. Constitution or other federal laws. There is a three-year statute of limitations period in New York State for Section 1983 causes of action.

If you believe that you were discriminated against based on a disability, you can file an Americans with Disabilities Act (“ADA”) complaint against a state or local government entity, including a public hospital, public school, or other state or local government program. ADA claims cannot be brought against individuals; rather, they can only be brought against governmental entities.

Title VII of the Civil Rights Act of 1964 (“Title VII”) makes it unlawful for an employer to discriminate against someone because of their race, color, religion, sex (including pregnancy, childbirth, and related conditions), among other reasons. Title VII claims cannot be brought against individuals.

Current and former State officers, employees, and volunteers in a State-sponsored program, who are sued in their individual capacity in a civil suit in State or Federal court for acts or omissions alleged in the complaint, e.g., acts or omissions committed within the scope of their employment, are entitled to have the State provide for their defense under the terms and conditions of N.Y.S. Public Officers Law Section 17. When a conflict of interest is found to exist between defendants within a lawsuit, the State employee is entitled to representation by outside counsel from a private law firm, instead of by the N.Y.S. Attorney General’s Office.

The top 10 things you should expect from your lawyer are the following:

1. listen carefully to your legal problem(s);
2. check for conflicts of interest;
3. keep your conversations and information confidential under the attorney-client privilege;
4. research and analyze all available facts and information relating to your legal problem(s);
5. advise you of your rights and responsibilities under the law;
6. zealously represent your interests, both inside and outside of court;
7. be candid with you about your legal problems, your likelihood of success, and the advisability of accepting or making settlement offers;
8. always act with all due diligence and appropriate promptness;
9. keep you informed about the status of your case; and
10. to work hard on your behalf with a mixture of honesty, skill, and unflinching determination.

Lawyers generally use one of four forms of fee arrangements:

(1) Hourly fee: This is calculated by multiplying the amount of time spent on a matter by an hourly rate. Example: hourly rate X time spent = fee ($350 X 2.0 hours = $700).

2) Contingency fee: This is an agreed-upon percentage of the total amount recovered by trial or settlement. There is no lawyer fee if you lose; but, you still may have to pay some costs (for example, filing fees and medical records). Example: total amount of recovery X agreed upon percentage = fee ($10,000 X 33.3% = $3,330)

3) Flat fee: This is a set fee for a specific legal service, such as drafting a will.

4) Statutory fee: This is a fee set by law, for example, attorney fees in worker’s compensation cases.