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Lack of Prior Written Notice Defense

Jed Dietrich, Esq., Distinguished as a Top 3 Personal Injury Lawyer, and His Team of Aggressive, Tenacious, and Hardworking Lawyers at the Dietrich Law Firm P.C. Fight to Obtain Unrivaled Results for Victims Injured in Accidents Caused by Municipal Negligence in Buffalo, New York; Niagara Falls, New York; Rochester, New York; Throughout New York State and Beyond.


Excelsior Suffering an injury can be an extremely devastating ordeal, especially when the accident was due to municipal negligence. Each year, thousands of victims suffer serious injuries or even fatalities caused by a public entity’s negligence. Local governments are responsible for adequately maintaining all the property under their control and can be held accountable for failing to do so. Cases concerning municipalities typically involve hazardous conditions on roads, sidewalks, community facilities, or other government-owned properties. Additionally, some claims deal with negligent governmental personnel, such as collisions caused by distracted city bus drivers. Victims may be entitled to pursue a municipal liability claim if the entity or its employees acted negligently and caused an injury. Before filing a lawsuit against a New York State agency, unlike other proceedings, victims are required to file a notice of claim within 90 days of the accident and file a lawsuit within 15 months.

When a plaintiff fails to file their mandatory notice of claim within the time limit, the public agency can assert the lack of prior written notice defense. Victims of accidents caused by negligent cities, towns, counties, or state agencies should be able to be compensated. Unfortunately, the municipal defendants might be able to avoid paying compensation by asserting that they did not receive prior written notice. If you, or a loved one, have suffered an injury because of a negligent public agency, you should contact Jed Dietrich, Esq., recognized as an American Institute of Personal Injury Attorneys 10 Best Attorneys, and his elite team of attorneys at the Dietrich Law Firm P.C. to learn more about your legal rights. Our battle-tested lawyers will implement the most effective legal tactics to overcome any lack of prior written notice defenses, enhance your chances of receiving the maximum compensation for all injuries suffered, and guarantee that justice prevails.

Just because someone is a lawyer does not mean that they are qualified to handle your case. Due to the limited time frame and complexity of municipal liability claims, you must retain the best possible personal injury lawyer. Since 1999, Jed Dietrich, Esq. has exclusively handled serious personal injury cases. Jed Dietrich, Esq. has battled to obtain over $175 Million in verdicts and settlements for victims who were injured in Buffalo, New York, throughout New York State, and beyond. Acclaimed as a Best Law Firm of America and honored with a Better Business Bureau A+ Rating, our outstanding law firm will fight to obtain the best result for your injuries and resulting damages. Our honorable commitment to exceeding your expectations and delivering an exceptional outcome is what sets us apart from the competition. The Dietrich Law Firm P.C.’s seasoned team offers complimentary lawsuit evaluations and consultations. We would be honored to speak with you about your case. Our veteran team is available 24 hours a day, 7 days a week, at (716) 839-3939 or by filling out the online consultation form. There is never a fee unless we WIN for you!

How Lack of Prior Written Notice Defenses Arise

Lack of prior notice As previously mentioned, before filing a lawsuit against a village, town, city, county, etc., victims are required to submit a written notice of the alleged negligence. Nevertheless, municipalities often have countless departments, authorities, and agencies, each with their own distinct rules on submitting a written notice and the time constraints to do so. Consequently, complications frequently arise when attempting to establish which public agency or division is responsible for an accident. Any oversight in submitting a claim can deprive victims of precious time, forcing them to miss the extremely tight 90-day deadline to file a notice of claim. Important details that the written notice must contain include:

  1. The plaintiff’s personal contact information;
  2. The personal injury lawyer’s details;
  3. An account of the accident with enough details for it to be easily identifiable;
  4. A description of all the injuries suffered; and
  5. A list of all damages the plaintiff is seeking.

The most common situations that lead municipality defendants to assert the lack of prior written notice defense include failing to file the notice, offering the notice after the deadline, submitting the notice to the wrong agency, and not including the required information in the notice.

WERE YOU, OR A LOVED ONE, SEVERELY INJURED IN AN ACCIDENT DUE TO A MUNICIPALITY’S NEGLIGENCE IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?

CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK PERSONAL INJURY ATTORNEYS AT (716) 839-3939 NOW TO OBTAIN THE HELP THAT YOU DESERVE!

Defeating the Lack of Prior Written Notice Defense

Victims that suffer injuries caused by negligent public entities are often shocked to discover the written notice requirement. Additionally, they may be hesitant to pursue legal action or not even realize that a municipal entity can be held liable. In case you missed the 90-day notice deadline, it is extremely important to contact the Dietrich Law Firm, P.C., immediately. If the municipality demonstrates that it lacked prior written notice, the burden shifts to the plaintiff to show a triable issue of fact exists as to the required written notice or to confirm the applicability of one of the two significant exceptions. The first exception involves establishing that the public entity created the defective condition or danger that led to the accident through a negligent act. The second key exception applies to situations where special use bestows a particular benefit upon the locality.

Our battle-tested attorneys have established triable issues as well as employed both exceptions in various past cases to successfully overcome any lack of prior written notice defenses. With our helpful guidance and immediate representation, common pitfalls and problems can easily be avoided. The Dietrich Law Firm P.C.’s highly experienced municipal liability lawyers will ensure that you meet all mandatory deadlines, correctly identify the responsible governmental agency, put on notice of the claim, and make certain that the notice includes all of the necessary information. It is vital to retain the best of the best at the Dietrich Law Firm P.C. for your highest chance of successfully countering assertions of lack of prior written notice as well as any other defenses. Our veteran team in Buffalo, New York, has a proven track record of obtaining justice for victims of municipal negligence. Call Jed Dietrich, Esq., recognized as a National Trial Lawyers Top 100, and his elite attorneys today at (716) 839-3939 so that we can help you! We are available 24 hours per day and 7 days per week.


Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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