If you have been seriously injured in an accident due to someone else’s carelessness or intentional wrongdoings, it’s crucial to understand your rights. In New York, you are entitled to pursue legal action against the responsible party to seek compensation for endured damages. However, you are required to file your claim within a specific time frame. If you fail to file your claim within the legally prescribed time limit, you will face the absolute bar of recovery. If you intend on purusing a personal injury lawsuit against the government, you will have a shorter time frame to file your claim. Please continue reading to learn the statute of limitations for filing a Notice of Claim in New York and why connecting with a determined New York City Personal Injury Attorney is in your best interest.
How Long Do I Have to File a Notice of Claim in NY?
As its name suggests, a Notice of Claim provides a governmental entity, before the commencement of a civil lawsuit, that it may be subject to a claim for damages. Essentially, it’s a written statement that informs a municipality that a claim may be filed against them. This requirement provides the entity with an adequate opportunity to investigate the circumstances and merits of the claim while all the pertinent infromation surrounding the potential claim is still readily available. New York is protected under sovereign immunity in which the government cannot be sued without consent.
Generally, the statute of limitations for most personal injury cases is three years. This means you must initiate the lawsuit within three years of the date you were injured. However, you will face a much tighter deadline if you want to file a personal injury lawsuit against a government employee or agency. A Notice of Claim must be filed within 90 days of the incident with the state or local governmental entity you wish to sue. Failure to do so will result in relinquishing your right to pursue legal action for your damages.
Do I Need an Attorney?
While it’s possible to navigate this legal process alone, it’s crucial to consider that doing so may increase the likelihood of making errors that could potentially impact your ability to recover compensation for your losses. Therefore, it’s in your best interest to seek professional assistance to enhance your chances of a favorable outcome. An experienced New York City personal injury attorney can help you understand your rights and legal options. As you can see, the rules regarding personal injury cases can be complex. At Swerling Law, we are prepared to help you file your claim within the right timeframe. Connect with our dedicated legal team today to learn how we can assist you in fighting for the justice you deserve.
