The Notice of Claim Requirement and Shortened Statutes of Limitations

Accident Attorneys Assisting People in the Bronx and Elsewhere in NYC

Jesse Minc Personal Injury Law represents victims in New York City who have been injured in public transportation accidents involving subways, buses, ferries, and other vehicles. Among our staff are many attorneys who have been recognized by their peers as leaders in their fields. Our Bronx public transportation accident lawyers maintain a network of the best investigators and experts in the city, who stand ready to help identify and locate evidence and witnesses, and to help us obtain the maximum amount of compensation owed to you. Our more than 95 percent success rate in the courtroom and the conference room is a result of hard work by a highly skilled team of legal professionals and staff.

Public transportation in New York City is a public service that is mostly provided by government agencies. Any person, business, or other organization that offers a service to the public, or makes their premises open to the public, owes a duty to provide those services in a competent and safe manner, and to ensure that their premises are free of hazards. This includes the city and state government agencies that operate most of New York City’s public transportation. One key difference between claims against private companies and government agencies, however, involves the doctrine of governmental immunity.

Governmental Immunity in New York City Injury Claims

Governmental immunity is a legal doctrine that states that the State and Federal government is immune from civil liability, such as through a lawsuit, unless it consents to being sued. Local governments such as the City of New York, or the County of Westchester, can also take advantage of certain “qualified immunities” from suit under circumstances. The State of New York has consented to lawsuits for damages resulting from its own negligence, or the negligence of its employees. When lawsuits are filed against the State of New York, there are certain time restrictions that do not apply to normal personal injury lawsuits against private defendants. In cases against the City of New York, and other local government bodies, there are laws that require a plaintiff to file a special document known as a “notice of claim” within a specified time period before filing suit, which is usually within 90 days of an accident forming the basis of a case. This time period is known as the “statute of limitations.” If a plaintiff does not file the required documents within the statute of limitations, they lose their right to sue. The exact procedures vary depending upon the specific governmental body that is the subject of a particular personal injury lawsuit

Filing Notices of Claim in New York City

Section 50-e of the New York General Municipal Law is the source of the requirement that the City of New York be served with a notice of claim as a precondition to any personal injury lawsuit against it. New York City has designated the City Comptroller as the recipient of all notices of claim. The notice of claim must identify the person or persons asserting the claim and their attorney, if any. It must describe the claim, state the date and location of the accident that led to the injuries, explain the nature of the injuries, and state the amount of damages sought. Finally, most jurisdictions require that the notice be verified, meaning that the plaintiff must sign it in front of a notary public

A plaintiff must file a notice of claim with the New York City Comptroller within 90 days of the incident that caused their injuries. The city or city agency will acknowledge receipt of the notice, and it may request a hearing or a medical examination of the plaintiff. Once the notice has been filed, the plaintiff has one year and 90 days to file a lawsuit.

If you believe that you have a negligence case against the State of New York, the applicable filing requirements and statutes of limitations are contained within Section 10 of the New York Court of Claims Act. Generally, a “Notice of Intention to Make Claim”, or the “Claim” itself (the equivalent of a Complaint in a Supreme Court filing), must be filed within ninety days of the accrual of the claim (usually the date of the accident or negligence). If a “Notice of Intention to Make Claim” is filed within ninety days, the claimant will then have two years to file the actual Claim to begin the lawsuit against the State of New York in the Court of Claims. There are other deadlines and statutes of limitation applicable to claims for wrongful death, and other types of cases apart from simple negligence, and you should always make sure to consult with experienced injury lawyers before pursuing your claims against the State of New York to make sure that you have complied with the applicable statutes of limitation in your case.

Filing Notices of Claim Against Government Agencies in New York State

Notices of claim filed with state agencies must contain the same information as those filed with the city. The deadline for filing a notice of claim with the Metropolitan Transit Authority (MTA), which operates most subways and buses in the city, either directly or through subsidiaries, is the same as for notices filed with the city. Other state agencies may differ. If a train accident involves a PATH train operated by the Port Authority of New York and New Jersey, for example, the plaintiff has one year to file a lawsuit, and they must file a notice of claim at least 60 days in advance of that.

Filing Federal Notices of Intention to Make Claim

Claims against the federal government for public transportation accidents are rare, although the federal government is involved in the long-distance rail service Amtrak. A notice of intention to make a claim (which is essentially the same as a notice of claim in context of a state-law-based suit against a local governmental body) must be filed within two years after the incident. If the government agency that receives the claim denies liability, the plaintiff has six months from the date of that denial to file suit. Lawsuits against the Federal government are brought pursuant to the Federal Tort Claim Act, and are always brought in Federal court, rather than in State court as with cases against local governments (or the Court of Claims with respect to cases against the State of New York)

Get Started on Your Case with our Bronx Attorneys

The attorneys at Jesse Minc Personal Injury Law pride themselves on providing the highest quality of legal representation available. We limit the number of cases that we take in order to ensure that each client receives the full attention that they deserve. Our clients always have a direct line to the lawyer handling their case. To schedule a free and confidential consultation to discuss your vehicle accident or premises liability claim with a member of our team, contact us at (718) 354-8000 or through our website. We represent people in the Bronx, Brooklyn, Manhattan, Queens, and Nassau, Suffolk, and Westchester Counties.