If you were injured on property that belongs to the city of New York or through the negligent, reckless or deliberate actions of a city employee, you do have the right to sue.
You lose that right, however, if you don’t follow the proper steps – in the proper time frame.
What the Notice of Claim actually does
A Notice of Claim is a written document that informs the city that you have been injured in an accident or some other kind of incident on city property and that you fully intend to make a claim for your damages.
Typically, the notice includes the basic details of the event and your injuries, and it must be filed within 90 days of the incident in question. Once the Notice of Claim is filed, the city has 30 days in which to ask for a preliminary hearing and start an investigation into your allegations.
It’s important to understand, also, that filing a Notice of Claim is not the same thing as filing a lawsuit. You have one year and 90 days from the date of your injuries to do that.
When an attorney botches the process or misses a deadline
Suing any government entity requires a knowledge of the special rules and time limits in place. If you skip the Notice of Claim or file it outside that 90-day window, you will likely be barred from pursuing your case altogether.
Attorneys are supposed to know that suing the city (or any other government entity) requires special procedures and that there are limited timeframes for action. If your attorney neglected to file a Notice of Claim and you find yourself unable to pursue fair compensation for your losses against the city, that’s likely to be legal malpractice.
When your personal injury claim has been destroyed by an attorney’s mistake, it’s wise to explore other legal options.