Sometimes the negligence of a local government body, such as a city or town, leads to someone sustaining injuries. If you have been injured due to the negligence of a municipality, then you are probably wondering if and how you can bring a claim against the government. These types of injury claims are exceptionally complicated because there are very specific deadlines and filing requirements when you are making a claim against a government body. Contact New York personal injury attorney Michael LoGiudice to make sure you comply with all legal requirements and get the compensation you deserve. Attorney LoGiudice is here to handle the legal burden so you can focus on what’s most important, recovering from your injuries.
How Do I Bring a Personal Injury Claim Against a Municipality?
First and foremost, it is important to note the time limits on filing a claim against a municipality. In New York, personal injury claimants generally have three years from the date of the accident to file a lawsuit. However, when you are bringing a claim against a municipality, the lawsuit must be initiated within 1 year and 90 days from the date of the accident. Furthermore, there is an extremely important requirement that must be met even before you file your lawsuit. Within 90 days of the accident, General Municipal Law mandates that you file a “Notice of Claim.”
The Notice of Claim will outline the specifics of your accident claim. This will include:
If you do not file a Notice of Claim within the 90-day time limit, your claim will most likely be barred as a matter of law. However, there are some exceptions. If the claim is being made against the State of New York, then you may be granted an extension pursuant to the Court of Claims Act. If you are suing a local government institution governed by General Municipal Law, you may be able to get an extension if you can prove that the government institute knew about the facts pertaining to your claim within the 90-day time period.
Once you have filed your Notice of Claim, the municipality will send you a request to attend a hearing in which you will testify under oath about the accident. The municipality will also have 30 days to investigate the claim. After the 30-day period, you may file a personal injury lawsuit.
Get Trusted Legal Representation to Make Sure You Are Properly Compensated for Your Injuries.
Bringing a personal injury claim against a municipality can be extremely difficult and legally challenging. The requirements are specific and failure to comply with them will often lead to a dismissal of your claim. If you have been injured due to the negligence of a municipality, you do not have time to wait. Filing deadlines begin soon after the date of your accident. Contact Michael LoGiudice, LLP today and make sure you get the compensation for your injuries that you deserve.