Filing a Notice of Claim
in New York
Diversity Without Inclusion is Inequality
Ask The Lawyer Radio Show with Attorney Brian Figeroux
Ask the Lawyer with Brian Figeroux, Esq. You have questions, we have answers on Immigration & Matrimonial Law, Wills, Estate & Trusts, Civil Rights, Personal Injury, Bankruptcy, Taxation, Equity Smart, Landlord & Tenant, Workers’ Compensation, Social Security Disability, Small Business Solutions, Non-Profits, Deed Transfers and Real Estate Transactions. We bring you the latest updates on the law and community issues.
Filing a Notice of Claim in New York
Many of our clients have been injured by through the negligence of municipalities or municipal agencies. As a result, I often receive questions like these:
“My child was hurt at kindergarten. What is the time limit in New York to file a claim for an injury at school?”
“I got hurt on a transit bus. How soon do I have to file a claim?”
“A town car hit me. Is there a time limit for me to sue?”
“I slipped and fell in a City building last year. Do I still have time to bring a lawsuit?”
“I think my doctor committed malpractice at a NYC Hospital. Can I bring a lawsuit?”
Before you can bring a lawsuit against a town, city or public agency in New York, you must first file a Notice of Claim. Under New York Law, you must file the Notice of Claim within 90 days of the incident.
The Notice of Claim gives the municipality or municipal agency 30 days to request a pre-suit hearing a 50-H hearing or a pre-suit medical exam. If the municipality or municipal agency requests a pre-suit hearing or medical exam, you cannot file a lawsuit until after the completion of the hearing or medical exam.
The Notice of Claim deadline is in addition to the Statute of Limitations deadlines that exist. All motor vehicle accident, slip and fall, medical malpractice, wrongful death and personal injury cases in New York must be filed within a certain amount of time. That deadline is called the “Statute of Limitations”.
Filing a Notice of Claim in New York: A 90 Day Deadline
New York law gives municipalities and municipal agencies the right to receive a written notice of an incident and the intent to pursue a claim within 90 days of the incident. This written document is known as the Notice of Claim since you are giving the municipality or the municipal agency a notice that you have a claim.
If you fail to file a Notice of Claim within 90 days, then you lose the right to file a lawsuit.
What are Examples of Who Is Entitled to Receive a Notice of Claim in New York?
Every city, town, village and municipal agency in New York is entitled to a Notice of Claim. Municipalities include entities as large as the City of New York and Yonkers as well as the many small villages that dot Long Island. Some examples of municipal agencies entitled to a Notice of Claim include:
•All school districts, including the New York City Board of Education.
•All public transportation agencies, including the Long Island Railroad, Metro-North, New York City Transit and New York City buses.
•All public hospitals, including Hospitals operated by the City of New York.
•All public nursing homes.
•All public health clinics.
•All fire departments and fire districts.
What Type of Cases Require Filing a Notice of Claim in New York?
All cases where the defendant would involve a municipality or a municipal agency requires filing a Notice of Claim. Here are some examples:
•A car accident where the driver who hit you drove a City-owned, town-owned or public agency vehicle or was on the job working for a City or Town or public agency.
•A slip and fall at a municipal building, such as the lobby of a town hall.
•A medical malpractice case where the malpractice occurred at a city or public hospital.
•A trip and fall at a subway or train station.
•A motor vehicle accident involving a public bus or public vehicle (e.g. a fire truck or garbage truck).
•An accident in the subway or on a train.
•A trip and fall on public property.
Where Do I need to File a Notice of Claim?
Each municipality and municipal agency designates who must receive the Notice of Claim. For example, all Notices of Clams in New York City must be served upon the City Comptroller’s Office, either manually or electronically. Many municipalities designate the Town Attorney or the Town Clerk as the person who must receive the Notice of Claim. When in doubt, you should contact the municipality or municipal agency and ask. It is very important to file the Notice of Claim with the appropriate party. Failure to do so will invalidate the filing and could cause you to miss the 90-day deadline.
Step by Step Instructions electronically: See also FAQ NYC eClaim
Pick a claim form and save it. Complete the claim form on your PC/laptop.
The more information you can fill in the easier it will be to investigate your claim. When you have completed the claim form and are ready to file your claim with the Comptroller’s Office, you can begin the process by going back to the Comptroller’s website and clicking “Begin eClaim Filing Process” button. Continue eClaim filing process by certifying all of the information that will be provided is true and correct. Attach completed claim form.
The system will electronically review the claim file for errors.
If claim form is not accepted, correct errors. If claim form is successfully reviewed and accepted, you may attach supporting documents if
documents are available in a JPEG, TIFF, or Adobe (PDF)format. You may attach as many supporting documents as you want, but each document must be attached individually.
Electronically file claim and supporting documents (if you have attached documents). Wait for receipt, print and save for future reference.
What Must I Put into the Notice of Claim?
Section 50e of the General Municipal Law specifies that the Notice of Claim must include the date, time and exact location of the incident. For example, I filed a recent notice with the Port Authority for a client who fell on a stairway. I made sure to specify the exact stairway where she fell.
You should also include a brief description of the incident. Your description needs to provide enough information so that the incident can be investigated. The Notice of Claim must be notarized before submitting it. Send the Notice of Claim via certified mail so that you have a record that it was delivered.
Set up your free evaluation with us today or refer a client!