What is a "Notice of Claim?" Special Issues That Arise in Suing Municipalties
Notice of Claim Requirements These Arise in Suing the State, City, Towns, or Villages Notice of Claims for Lawsuits Against the City of New York
Accident and injury cases could sometimes involve state and municipal defendants. The lawsuit could be against a city, city agency, public carrier, town, village, or other such public entity. These case will involve the filing of a "notice of claim." A notice of claim is a legal instrument that places the city or other entity on notice of a claim against them from an accident victim.
It is CRUCIAL to meet notice of claim requirements if they are applicable. They are NOT optional. Failure to file a notice of claim (where required) could end a case before it gets started. Notice of claim requirements could vary by town, village, or entity.
In cases involving the City of New York, the notice of claim period is 90 days (In a wrongful death case, the 90-day period runs from the appointment of a representative of the decedent’s estate, New York General Muncipal Law, Sec 50).
This is generally how the process works with lawsuits against New York City or its agencies...
▪ The plaintiff must file notice of claim within 90 days of accident
▪ The plaintiff must then wait 30 days for city to investigate claim
▪ This gives the City time to explore the potential of offering a settlement
▪ After 30-day period, the plaintiff may take legal action
▪ Plaintiff has one year and 90 days to file suit against the city (from date of accident, not date of notice of claim)
It is CRUCIAL to meet notice of claim requirements if they are applicable. They are NOT optional. Failure to file a notice of claim (where required) could end a case before it gets started. Notice of claim requirements could vary by town, village, or entity.
In cases involving the City of New York, the notice of claim period is 90 days (In a wrongful death case, the 90-day period runs from the appointment of a representative of the decedent’s estate, New York General Muncipal Law, Sec 50).
This is generally how the process works with lawsuits against New York City or its agencies...
▪ The plaintiff must file notice of claim within 90 days of accident
▪ The plaintiff must then wait 30 days for city to investigate claim
▪ This gives the City time to explore the potential of offering a settlement
▪ After 30-day period, the plaintiff may take legal action
▪ Plaintiff has one year and 90 days to file suit against the city (from date of accident, not date of notice of claim)