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)
Car Crashes into Bus Stop
An out of control car caused a Nassau County bus stop crash. Four people were injured in the crash as reported by News 12 and can be read here. Faulty equipment and failure to maintain a motor vehicle can lead to accidents like the one in New Hyde Park when a blown tire caused a car to crash into a bus stop. People may not realize that, depending on the reasons for the tire failure, the owner and driver can be liable for injuries caused by faulty equipment or maintenance failures in New York motor vehicles.
Many times, car crashes and the resulting liability is clear cut. Other times it is very difficult to determine where the fault lies in car crashes. Juries are taxed with the burden of deciding how to apportion fault in personal injury trials. It is almost impossible to predict jury outcomes and any lawyer will tell you that. Therefore it makes logical sense to spend time maintaining your motor vehicles and do your very best to avoid preventable car crashes.
Personal Injury Attorney in Nassau County
If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.