Filing Deadlines for Bringing a Claim Against Municipalities and Public Authorities
Many people are aware that if they are injured in situations involving a municipality or public authority, they may sue for damages. In the State of New York, personal injury claims against counties, cities, towns, and public authorities have strict Notice of Claim requirements that must be met to pursue a lawsuit. If you fail to properly and timely file what is called a Notice of Claim, you may be legally barred (with limited exceptions) from bringing a personal injury lawsuit. People must be aware of the Notice of Claim requirements to ensure their rights are protected from negligence of municipalities and public authorities.
In New York, the legal requirements for asserting a claim against a municipality are governed by the General Municipal Law. Prior to bringing a lawsuit against a municipality or municipal agency, an individual or their legal counsel must serve a Notice of Claim within 90 days of the accident. A Notice of Claim is a written document notifying the municipality or public authority of the basis for the claim. If a Notice of Claim is not filed within 90 days of the incident, then as stated above, the person (with limited exceptions) may lose their right to file a lawsuit. The law requires that not only must the 90 day notice of claim requirements be met, but any lawsuit based on that claim must be filed within one year and 90 days of the event which forms the basis of the action. When an individual is injured due to a municipal entity’s negligence or carelessness, whether it is on a construction site owned by the City or State of New York, or a defective condition on property owned by a municipality, a notice of claim must be filed within 90 days to ensure the individual’s rights are protected.
Too often we receive phone calls from people who were injured on or off the job due to the negligence or carelessness of a municipality or public authority after the 90 day Notice of Claim requirement has passed. There are many different reasons this can occur, including (1) people who are injured while working on a construction site that is owned by the State or City believe that workers compensation is their sole remedy and a third party lawsuit against the municipality or public authority was not properly identified or investigated; (2) The person injured believed his or her injuries are minor, but progressively get worse over time and the 90 day notice of claim requirement passed; and (3) the person injured was simply not aware of a 90 day Notice of Claim requirements. Reasons like these are why it is imperative that if you or a loved one is injured, contact Hach & Rose, LLP, as soon as possible to ensure your rights are protected and the claim is properly investigated.
Hach & Rose, LLP, aggressively protects the rights of individuals injured both on and off the job and take pride on our ability to provide skilled, attentive, and expert legal representation while maintaining strong relationships with our clients. If you or a loved one has suffered an injury on property owned by the City or State of New York, or due to the negligence or carelessness of a municipal entity or public authority, contact Hach & Rose, LLP, for a free consultation at 866-LAWS-USA or 212-779-0057.