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.
(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.
Personal Injury Attorney in Mineola
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!
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!