Have you ever slipped on an icy sidewalk, fallen because of a broken set of public stairs, or been injured by a dangerous condition on government-owned property?
Many people know that if they’re hurt because of someone else’s actions or mistakes, they may be able to bring a personal injury lawsuit against the individual or business who caused their injuries. However, what many people don’t realize is that their time to take action dramatically shortens when their injury involves a government entity such as a city, county, town, village, school district, fire district, public authority, or the State of New York. In those situations, a claim is subject to strict deadlines and procedures,[1] and missing one step can seriously affect your ability to bring a claim.[2] One of those steps is the requirement to serve the government with a Notice of Claim.[3]
A Notice of Claim is a formal written document that must be served on a government entity long before an injured plaintiff can file a lawsuit. In fact, in personal injury cases involving municipalities or other public entities, the injured party cannot file a lawsuit without first serving a Notice of Claim.[4]
This step gives the government early notice of the claim, allowing it to investigate the incident, review the facts, preserve evidence, and decide whether to offer a settlement to resolve the claim before the injured party files a lawsuit.[5] This makes claims against the government different from ordinary personal injury claims against a private person or business. If you’re injured because of a private company or individual, you generally do not have to serve a pre-lawsuit notice before filing a case; but when the government’s involved, the Notice of Claim acts like a gate you must pass through before you can sue.[6]
Because the purpose of a Notice of Claim is to allow the government an opportunity to investigate, the law gives only a short time to serve the necessary paperwork. For claims against municipalities and local government entities, a Notice of Claim must be served within 90 days after the claim arises.[7] This is a much shorter window to act than many people expect. After the Notice of Claim is served, the injured person usually must wait at least 30 days before starting a lawsuit.[8] This waiting period gives the government time to investigate or decide whether to adjust or pay the claim.[9] The lawsuit itself generally must then be started within one year and 90 days from the event that caused the injury.[10] In wrongful death cases, the 90 days starts to run from the day of appointment of the estate representative.[11]
In short, quick action after an injury is critical because failing to meet deadlines can bar the claim. This is one of the biggest reasons to contact a lawyer immediately after an accident involving the government.[12] A person who waits too long may lose important rights before they even realize a deadline applies.
A Notice of Claim must include important information about the injured person and the incident. Generally, it should identify the claimant, provide contact information, explain the nature of the claim, describe when and where the incident happened, explain how it happened, and describe the injuries or damages known at that time.[13] The notice does not have to be perfect in every minor detail., but it must give the government enough information to understand and investigate the claim.[14] If the notice is missing key information, served on the wrong entity, or served too late, the claim may be challenged. [15]
Of particular importance is identifying which public entity is responsible. The answer to that question is not always obvious, and serving the wrong government office may not satisfy the statutory notice requirements. A lawyer can help identify the proper entity and make sure the correct procedure is followed.
A common misconception is that serving a Notice of Claim automatically starts a lawsuit. It does not. Instead, it preserves the ability to bring one later if the claim is not resolved prior to litigation.[16] After receiving the notice, the government entity may investigate the accident. In some cases, it may also demand an examination under oath, often called a 50-h hearing.[17] This is a proceeding where the injured person answers questions about the incident and the injuries.[18] The government may also seek a physical examination to evaluate the injuries.[19] If the government demands this type of examination, the claimant generally must comply before starting a lawsuit.[20] Failing to do so can jeopardize your case.
In some municipal cases, a court may allow a late Notice of Claim, but this is not a guarantee. [21] Courts may look at several factors when deciding whether to allow a late claim. Whether the government had actual knowledge of the essential facts, whether the injured person was an infant or incapacitated, whether there was a reasonable mistake about the correct public entity, whether there were settlement discussions, and whether the delay prejudiced the government’s ability to defend the case. [22]
However, even though a late notice may be possible, waiting is risky. An injured party should never count on receiving permission for a late notice. The longer someone waits, the harder it may be to protect the claim. Additionally, any request to serve a late notice must still be made within the applicable time limits for bringing the action. [23]
Claims against the State of New York are somewhat different, and are subject to a distinct set of rules. [24] Unlike claims against counties and local governments, the Court of Claims Act governs claims against the State of New York.
This distinction matters. The correct procedure depends on whether the potential defendant is the State of New York, a municipality, a school district, a public authority, or another government-related
For State claims, the injured person may need to file and serve a claim directly. Or, in some situations, may need serve a Notice of Intention to File a Claim.[26] The deadlines depend on the type of claim. For negligence and many personal injury claims, the deadline can still involve a 90-day period, but the procedure is different than that of bringing a claim against a municipality or local government entity.[27] Where an individual seeks to assert a claim against New York State itself, the claim or notice must be served on the Attorney General, and the rules are strict. [28] The procedures and deadlines differ materially from municipal practice, and noncompliance can result in dismissal.[29]
Accidents involving the government can be confusing. An injured person may not know which government entity or entities are responsible; where the notice of claim must be served; what the notice must say; or which deadline applies.
That confusion can cost valuable time. If an injured person misses a critical deadline, he or she may lose the right to recover damages.
A lawyer can help you navigate those issues and preserve your rights. If you were injured in an accident involving a government entity in New York, do not wait to ask questions. The deadline to act may be much shorter than you think. Contact our team here at Dreyer Boyajian LLP as soon as possible to protect your rights.
This blog post/article is provided for general informational purposes only and is not intended as legal advice. Reading this blog does not create an attorney-client relationship with our firm.
The laws discussed in this article are based primarily on New York law and may not apply to your specific situation. Every case is different, and the outcome of a legal matter depends on its unique facts and circumstances.
Government claims are subject to strict notice requirements and filing deadlines. Missing a deadline can significantly affect—or even prevent—your ability to pursue a claim. If you believe you may have a claim against New York State, a municipality, or another government entity, you should consult with an attorney as soon as possible to understand your rights and any applicable deadlines.
While we strive to keep our content accurate and up to date, laws and court decisions can change over time. This article may not reflect the most recent legal developments and should not be relied upon as a substitute for legal advice from a qualified attorney.
