If you wish to commence a civil lawsuit against a state, city or other municipal entity in New York, beware: the road is full of landmines and you may want to consult with a personal injury lawyer New York NY respects. In order to bring a claim, you must first file with the municipality, a document called a Notice of Claim. This document MUST be filled within a fixed and certain date. If you fail to file the Notice of Claim on time, your case will be dismissed. Lawsuits against the State of New York may only be filled in the Court of Claims. Information concerning this process can be found on the New York Court of Claims website. The following is a brief summary of the more common claims against local and other municipal governments. If you believe that you may have a claim against a municipality for personal injuries from negligence, wrongful death, medical malpractice, slip and fall etc.., please consult an experienced New York personal injury lawyer immediately.
Most civil cases are filled in the Supreme Court. The NY General Municipal Law sets forth the strict requirements for bringing a lawsuit against municipal governments. A timely Notice of Claim must be served upon the governmental entity within 90 days after the claim arises. In personal injury actions, the date that the claim arises is usually the date of the incident or event. In an auto case, the time would run from the date of the collision. However, other types of cases may have different rules as to when the claim arose. That is why it is extremely important to hire a personal injury lawyer New York NY trusts who is experienced in handling claims against governmental entities.
The Notice of Claim must be in writing and must set forth the nature of the claim, identity and address of the claimant or claimants, and the time, place and manner the claim arose, with some degree of specificity. In some cases, you will be required to state the dollar amount of damages that are claimed to have been sustained. It is very important to make sure that you list ALL of the claims that you will be alleging. If you make additional claims after the statutory deadline, you run the risk of them being deemed untimely and those claims being dismissed as time barred. Yes, the General Municipal Law dictates strict time frames to bring the Notice of Claim, but it does grant the court some discretionary power to permit the filing of a late Notice of Claim under certain circumstances. These circumstances will not be discussed here so you should consult with an experienced personal injury lawyer New York NY residents turn to if you need more information.
Please remember that a Notice of Claim is not a lawsuit. By filing a Notice of Claim you have not commenced a lawsuit. The filing of the Notice of Claim is something that is required by statute to be done BEFORE filing a lawsuit. It is a prerequisite, not a substitute, for commencing a lawsuit. The lawsuit must be commenced within one year and ninety days after the incident or event upon which the claim is based. When making a claim against a municipality, the lawyer must be very careful to comply with all aspects of the General Municipal Law. Also, some governmental entities may even have a shorter statute of limitations than the 90 days. Make sure that you immediately contact an experienced personal injury lawyer New York NY counts on who is familiar with the deadlines and pitfalls of suing a municipality.