Occasionally, Buffalo personal injury attorneys need to obtain records from a government entity that may be helpful to a client’s lawsuit. For example, it may be helpful to have copies of 911 tapes or dispatcher calls regarding the police response to an automobile accident. One way of obtaining this information is by making a Freedom of Information Law (FOIL) request of the appropriate government agency asking for the needed records.
New York State’s Freedom of Information Law covers all units of state and local government in New York State, including state agencies, public corporations and authorities, as well as any other governmental entities performing a governmental function for the state or for one or more units of local government in the state.
Under this law, most documents that would be needed in the pursuant of a personal injury lawsuit should be disclosed by the agency. There are, however, exceptions to what must be disclosed. What can be excepted from disclosure is generally based upon the concept that release of the document will in some way violate someone’s privacy or impair the functioning of the government agency. When disclosure is denied, the Freedom of Information Law provides specific steps that may be taken to appeal the decision of the agency.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444. We would be happy to help you.
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