We have previously discussed the dangers of missing the statue of limitations here. Another important time requirement is the concept of the Notice of Claim.
You may have heard the expression “governmental immunity.” The notice of claim requirement is derived from that concept. The governments “immunity” from lawsuits means that suing the government is more difficult than sitting a private individual. In order to sue the government, you, the claimant, must put the government entity I notice that your injury has occurred, and that you might be suing. However, you have a very limited time to do so. New York State has a notice of claim statute, which requires that notice of claim be given to the government entity within 90 days of the incident.
For purposes of the notice of claim, the term government is rather broad. Government, in this case, includes all local and state governmental employees working in their capacity as government employees, local and state owned property, and any employees of governmental agencies and property that those agencies own.
Sometimes, it’s clear whether your claim involves a claim against the government. But other times it’s not. Did you know that the MTA, the group that runs the subway system in and around New York City is a state agency? The Saratoga race tracks are owned by a state agency. Even Gore Mountain is actually owned by the state.
But there’s no need to worry; you don’t need to figure this out but on your own. You can call us. We are here to help you and can identify whether the responsible party is actually a municipal entity. We offer free consultations, and will handle serving the notice of claim for you. If you were injured, do not hesitate—call us right away.
You may also want to check out some other places on the blog where we analyzed about notice requirements. A discussion about the requirement of notifying insurance companies can be found here. A post regarding filing a notice of claim you are in an accident involving uninsured motorist or struck in a hit-and-run can be found here.
Danger of missing the statue of limitations, Beyond No-Fault| MVAIC: Uninsured & Injured in an Auto Accident,