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NOTICE OF CLAIM REQUIREMENT

Before one can bring a lawsuit to collect damages against a city, town, or a public agency in the state of New York, a notice of claim requirement must be satisfied. A claimant has ninety days during which to file and comply with the notice of claim requirement or they will be barred from bringing the action. This is not the same as the statute of limitations.  The statute of limitations against municipalities is one year and ninety days as opposed to the normal statute of limitations for personal injury matters in New York which is three years.

One of the main purposes of the notice of claim requirement is to give the government a thirty-day time window upon receipt of the notice of claim to request a “50-H” hearing. This hearing is somewhat like a deposition and it is an advantage that non-government entities do not receive. It gives the government an extra opportunity to acquire information and testimony it may use to defeat a claim. The government may also request a medical examination during this thirty-day time period. Every municipality has the power to designate who must be served with the notice of claim and if the notice of claim requirement is not satisfied, the claim itself will be barred forever.  It is important to determine who it should be served on before attempting to serve a notice of claim.

It is advisable to speak with an experienced personal injury attorney before attempting to comply with the notice of claim requirement. The barring of the action for failure to comply with the notice of claim requirement is a strict penalty and not worth the risk of attempting this task pro se.

Personal Injury Attorney

Retaining an attorney that understands the process of suing a municipality can make all the difference in your case. When you or a loved one are injured by the negligence of a municipality, you need a personal injury attorney who understands the process. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced personal injury attorney.

MTA Accidents

(Image from ABC7NY.com)

MTA Accident Injures Several People

It seems like everyday we see terrible MTA bus accidents that involve serious life changing injuries. At least ten people were injured in New York City when an MTA bus smashed into an overpass as it jumped the curb. You can read the ABC New York, channel 7 story here.

Innocent MTA bus passengers are injured when MTA bus drivers that are supposed to be watching the road drive negligently. Under New York law, when an injured person has a claim against the MTA, the city of New York, or other government agencies, you must file a Notice of Claim with the city within 90 days after the accident. The Notice of Claim must have sufficient detail for the city to investigate your claim and prepare for litigation.  A previous article on this website, found here, may add incite to the Notice of Claim process.  Personal injuries caused by negligence on the part of municipalities, their departments like the MTA or the employees of municipalities can result in sizable compensation.  Liability for these personal injuries obviously play a large role in the strength of a case and damages (the type and extent of the injury) as always will determine the amount of compensation that will be awarded to the victim.
Having the right legal representation could mean the difference between recovering a monetary award for your injuries and dismissal of your case.  Taking the time to find an attorney that you are comfortable with and who understands the nuances of personal injury litigation is an investment that can pay off big in the long run.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially one involving the MTA or another municipality, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

Civil Rights Case Eventually Leads to Justice

On October 24, 2014, in Criminal, Litigation, by John A. Weber IV, ESQ.

deskovic24n-2-web (photo from nydailynews.com)

Civil Rights Violation

New York Daily News writer Stephen Rex Brown (October 23, 2014 edition) told the story of Jeff Deskovic and the incredible award he obtained.  It was the largest verdict in U.S. history at $41.6 million.  Mr. Deskovic was convicted of rape in 1991.  In 2006, DNA led to the arrest and confession of the actual rapist and Deskovic’s name was cleared.  This case represents an extreme Civil Rights violation.  Most Abuse of Process, Malicious Prosecution, False Arrest or any other Civil Rights violation will rarely ever rise to this level of injustice.   That is why Mr. Deskovic was awarded such an extraordinary amount of money.

Civil Rights Attorney

If you feel that your rights have been violated, even to a much lesser extent than Mr. Deskovic, you should seek the assistance of an attorney to discuss your options.  Call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a Civil Rights attorney!

Notice of Claim

On June 12, 2014, in Personal Injury, by John A. Weber IV, ESQ.

notice of claim page 1Filing Notice of Claim in Personal Injury Lawsuit

A Notice of Claim must be served on any Municipality or Department of a Municipality before an action can be commenced against that Municipality.  It is important to remember that The Uniform Notice of Claim Act took effect on June 15, 2013.   Several rules were amended regarding properly serving a Notice of Claim.

There are a few unique aspects of a personal injury lawsuit against a Municipality.  The Notice of Claim and shortened Statute of Limitations however are the most important to know.  Failure to serve a Notice of Claim or serving a Notice of Claim to the wrong entity can permanently preclude your ability to bring the action.  It is therefore in your best interest to discuss the serving of a proper Notice of Claim with an attorney.

Personal Injury Attorney in Long Island

As always, if you or a family member have been injured due to the fault of a Municipality, call (516) 858-2620 to speak to an experienced personal injury attorney today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan