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If your injuries have occurred at the expense of another party’s negligence, you are entitled to pursue legal action to seek compensation for the damages you have endured. However, attaining justice for your suffering is much more complex than you may realize as you will have to follow stringent legal procedures. This includes filing your claim within the specific time frame to preserve your legal rights. Depending on the circumstances of the accident, you may be required to file a Notice of Claim. If this reflects your situation, please continue reading to learn the statute of limitations for filing a Notice of Claim in New York and why connecting with a dedicated Bronx Premises Liability Lawyer is in your best interest.

What is a Notice of Claim?

Firstly, like any other property owner in New York, government agencies are subject to the same premises liability laws, meaning they can be held accountable for slip and fall accidents if they fail to maintain a safe environment. Property owners must ensure their premises are hazard-free to mitigate the risk of accidents and injuries. In addition to mitigating hazards, they are responsible for warning those using the property of any dangerous property conditions. Failure to do so can result in the property owner being held liable for any injuries visitors sustain.

With this in mind, if the party responsible for your injuries is a government employee or agency, there are certain limitations when pursuing a claim. This is because the state is protected under the legal doctrine of sovereign immunity which shields the government from liability for accidents on its premises. Essentially, the government cannot be sued without its consent. The state recognizes the need for accountability. That said, New York’s Court of Claims Act allows injured parties to pursue legal action against the government under certain circumstances.

Although there are exceptions to sovereign immunity in which the state enables individuals to seek compensation when injured due to governmental negligence, the process can be complex and requires meeting stringent procedures. This includes notifying the responsible party of the injury before commencing a lawsuit within a strict time frame following the incident. A Notice of claim must be filed with the appropriate party, providing them advanced knowledge they may be subject to a claim for damages. The primary purpose of this requirement is to provide the government entity with sufficient time to investigate the circumstances and merits of the claim.

What is the Statute of Limitations for Filing a Notice of Claim?

The statute of limitations is a law that mandates the amount of time that a party has to initiate a lawsuit in New York’s civil court system. In most personal injury cases the statute of limitation is three years from the date of the injury. However, you will have much less time to act if you are required to file a Notice of Claim. This written form must be filed within 90 days do the incident with the state or local governmental entity you wish to take legal action against. Failure to do so will result in forfeiting your right to compensation.

At James Newman, P.C., we are committed to helping our clients figth for the justice they deserve. Connect with our legal team today to learn how we can help you navigate the claims process.