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Wellborn Paluch, LLP Blog

Monday, December 14, 2015

Filing a Notice of Claim in New York State

What should you do if you are injured on government property, or as a result of the negligence of a government employee.

 

In New York State, persons making an injury claim arising from negligently maintained property owned by a City, Town, or Village, or arising from the negligence of a public employee, must serve a document called a Notice of Claim upon the government entity, within 90 days of the injury. (Note, this notice requirement can be as short as 60 days if the claim involves negligence of a transit authority, such as were a person is injured as a result of the negligence of a transit authority bus driver).  The service of the Notice of Claim is a required step, in preserving your injury claim, and must be done before a lawsuit can be filed in the Courts. Failure to satisfy this notice requirement, can result in you case being dismissed, as time barred. The requirements for the Notice of Claim are set forth in New York General Municipal Law Section 50(e). 


What form of the Notice of Claim is required and how should it be served?

The notice must be written, sworn to before a notary public, either by the claimant or on his or her behalf. It must include:

• Name and post-office address of the claimant, and his/her attorney, if any
• Nature of the claim
• Time, place, and manner in which the claim arose
• Dollar amount of damages or injuries claimed, insofar as practical at the time.
The Notice of Claim must be served to the government agency by personal delivery or registered or certified mail to a person legally responsible for receiving summons in Supreme Court actions.

When is the lawsuit instituted?

The lawsuit must commence within one year and 90 days after the incident or event that precipitates the claim.

How is the claimant examined by the government?

The claimant is required to give an oral deposition under oath explaining the incident and the extent of damages or injuries allegedly suffered. If physical injuries are involved, the government may have the claimant examined by a qualified physician. The claimant has the right to have his or her own physician present as well.

If you have been injured or suffered damages and believe the claim involves an injury on government property, or negligence of a government employee, please don't delay. Call us immediately so that we can take immediate steps to preserve your claim. Are lawyers are available 24/7, at 1-716-254-2554 or toll free at 1-844-855-HURT.   


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