Raskin & Kremins, LLP
How to File a Claim Against a New York Municipality
If you or a loved one has been injured on city property or by a local government-owned vehicle, there is a way for you to fight City Hall when it comes to being compensated for your injuries. In New York, this process begins with filing a Notice of Claim – and you must do it within 90 days of the injury or you forfeit your right to bring suit.
New York personal injury law allows for citizens to file a Notice of Claim if they have been injured while using public transportation, had a slip and fall accident on local government property, suffered from medical malpractice at a city-owned hospital or clinic, were injured by a vehicle driven by a local government employee, and other instances of personal injury that occurred on public property.
Once you have filed a Notice of Claim, the city, town or government agency has 30 days to request either a hearing or a medical exam. If that request is made, a lawsuit cannot be filed until the hearing or medical exam is concluded.
A Notice of Claim must include important details about the accident, including the exact location, date, time and a description of how the incident occurred. The Notice of Claim must be notarized and filed with the public agency or local government entity named in the claim; each city, town and municipal agency has its own designated office for filing a Notice of Claim, usually the Town Clerk, Town Attorney or – in New York City – the City Comptroller.
Remember that in order to preserve your right to pursue compensation for injuries caused on public property or through the negligence of a local government agency or employee, it is critical that you file a Notice of Claim within 90 days of your accident. We can help.