Suing a Governmental Entity in New York – Filing a Notice of Claim
That statute of limitations is the time period in which a lawsuit must be filed against a defendant. If a lawsuit is not filed within the applicable statute of limitations, an injured person will not be able to recover damages or compensation. As a result, an attorney should be contacted as soon as possible after a person is injured or sustains harm due to the fault of others.
Additionally, in New York state, where the harm is caused by a municipality, a state governmental agency, or a state entity, in addition to the statute of limitations, there is also a requirement that a Notice of Claim be filed with the appropriate state agency or entity within 90 days of when the accident occurred, or within 90 days of when the person realized that a harm had occurred. If this notice is not timely given, the state, its agencies and entities, and any New York municipalities all may escape liability, even if the statute of limitations has not yet run.
It is important to note that the day triggering the 90 day time period may not always be easy to determine. In some cases, such as an auto accident caused by a state employee, the date may be clear. In other cases, such as the case in which parent became aware of a potential teacher-student sexual relationship and abuse, the date may not be as certain, as the facts of the case may have become known gradually over a number of days or weeks.
If the State or New York, Its Entities or Agencies, or a New York Municipality (or its Entities or Agencies) is at Fault, a Lawyer Should be Contacted Immediately
If you believe that you may have a case against any of these parties, please call our firm TODAY! If a Notice of Claim is not timely filed, you may lose out on all rights for seeking a recovery. We can help protect your rights.