How Notice of Claim Requirements Can Affect You


Suppose you were unfortunate enough to suffer injuries due to the negligence of a government employee or an unsafe condition on municipal property. In that case, the notice of claim requirements could significantly impact your ability to recover compensation. In New York State, it is possible to pursue a personal injury case against a government agency or municipality. However, you must file a notice of claim against the town, city, county, or state within 90 days of the incident. Additionally, a lawsuit is required to be filed within 15 months.

Information that Should be Included in your Notice of Claim 

If you suffered injuries due to negligent public entities, you might be surprised to learn of the written notice requirement. Not only are you required to file a notice of claim before the deadline, but your notice must contain detailed information, including:

  1. Your personal and contact details;
  2. A full explanation of the incident with enough detail to distinguish precisely when and where it took place;
  3. A complete description of all injuries and other damages suffered;
  4. A list of the compensation you intend to pursue; and
  5. Your personal injury attorney’s details.

Common Mistakes When Submitting Notice 

The average municipality has numerous agencies, authorities, and departments, each with its distinct guidelines for filing written notices. As a result, difficulties regularly occur when determining exactly which division or agency should be held accountable for your accident. Even a minor error in submitting a claim can cost you valuable time, causing you to miss the filing deadline. If you fail to file, file late, leave out necessary details, or file with the wrong agency, the defendant can assert the lack of prior written notice defense.

Unfortunately, this defense might allow the defendant to avoid compensating you for your injuries. When lack of prior written notice is demonstrated, the burden shifts to you to prove that a triable issue of law exists as to the mandatory written notice or to substantiate a meaningful exception. These types of situations can be incredibly complicated. Thus, it is always best to seek guidance from a highly experienced personal injury lawyer before taking legal action against a governmental agency.

Chat with an Outstanding Western New York Municipality Accident Attorney

Suffering any injury can be an extremely devastating ordeal; however, it does not have to be for you. With the Dietrich Law Firm P.C.’s elite representation and guidance, you can rest assured that we will file your notice of claim on time. We will also ensure that the public entity is appropriately identified and that all necessary details are included. If you missed the 90-day deadline, your compensation is contingent on contacting us immediately. Our veteran lawyers will do everything in our power to successfully defeat any lack of prior written defenses. Allow Jed Dietrich, Esq. and his municipal liability injury attorneys to handle your case and obtain the compensation you deserve. Our team is available 24 hours per day and 7 days per week by calling 716-839-3939 or completing the online consultation form.

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