Time Limits for Filing a Claim Against a Government Entity in NY

Time Limits for Filing a Claim Against a Government Entity in NY

Suffering an injury is difficult enough – when that harm occurs on public property or through the actions of a government agency, the path to justice can feel daunting. Whether you slipped in a city park, got hit by a municipal vehicle, or were hurt by unsafe conditions in public housing, you may have the right to seek compensation.

In New York, claims against government entities are governed by rules that differ sharply from lawsuits involving private parties. Missing a single deadline can permanently bar you from recovering damages.

Don’t struggle with decoding the deadlines and statutes on your own. Seek advice from Hill & Moin LLP – schedule a free consultation today. 

Understanding Personal Injury Claims Against the Government

Unlike a personal injury claim, claims against a government entity in New York State involve special rules that are influenced by the principle of sovereign immunity. 

Sovereign immunity is the legal doctrine that can shield government employees and agencies from lawsuits unless the law requires otherwise.

Who Can Be Held Accountable?

In New York, you may be able to pursue a claim against:

• Local government bodies like towns or counties: New York Municipal Law §§ 50-E and 50-I prescribe the framework for most cities, towns, counties, and local public corporations. They require a formal notice of claim and compliance with a separate filing mechanism before any lawsuit can proceed against municipal bodies.
• Specific city agencies, such as sanitation, parks, or housing: State agencies and departments fall under the exclusive jurisdiction of the New York State Court of Claims, which is established by the Court of Claims Act. These provisions waive the state’s immunity for certain torts but mandate that all claims be presented and litigated in that specialized tribunal under its own procedural rules.
• Public authorities like the York City Transit Authority, York City Housing Authority, and Metropolitan Transportation Authority: Public authorities such as the Metropolitan Transportation Authority are governed by the Public Authorities Law. This statute incorporates unique notice provisions, internal review procedures, and administrative hearing rights that differ from municipal and state processes.
• Individual government employees acting within their roles: Government employees, such as police officers, sanitation workers, transit operators, and housing inspectors, can also be named in a claim when their negligent acts occur squarely within the scope of their employment.

Time Limits for Filing a Claim

Before any personal injury lawsuit against the state, a local government, or a government agency can move forward, New York law may require that you serve a notice of claim. This notice is a written document that:

• Alerts the city agency or public authorities about your injury and intent to file a claim
• States when, where, and how the claim arose
• The name of the negligent party that you believe is legally responsible

In this notice, you should include as much detail as possible:

• Facts about the accident 
• Names of witnesses or anyone who saw the wrongful acts
• Supporting medical records for injuries and medical expenses
• Documentation of lost wages or property damage

Errors in this stage can jeopardize your civil lawsuit.

Service must usually be done by personal delivery or certified mail to the correct office. Sending it to the wrong place or leaving out required information can harm your case.

The time limits for filing a claim against a government entity in New York are far shorter than many expect. These legal deadlines cover both the period for serving the notice of claim and the window for starting the personal injury lawsuit in court – set by the statute of limitations.

Avoid making mistakes that jeopardize your case by getting experienced attorneys involved. Get started on the right track with one phone call.

Inside the New York City Claims Process

Once your notice is filed, the claims process begins. The city may schedule a hearing to ask questions about the incident. They may request additional documentation, such as medical expenses or proof of lost wages.

During this time, the city agency involved will decide whether to offer a settlement. If they do, you can choose to accept it or continue with a civil lawsuit. If they deny the claim, you’ll need to file in court to pursue compensation.

This process can be confusing, especially if you’re dealing with injuries, medical bills, and emotional stress. That’s why Hill & Moin LLP offers a free consultation to help you understand your rights and options.

Negligence Claims: Proving Responsibility

To win a negligence claim against a government agency, you must show:

1. The government entity owed you a duty of care
2. They breached that duty through wrongful acts or by failing to act
3. This negligence caused your injury
4. You suffered damages – like medical expenses, lost wages, or property damage

For example, if the New York City Housing Authority ignores broken railings and a family member falls, the agency could be legally responsible. A skilled wrongful death attorney can also bring cases where negligence caused loss of life.

Gathering Evidence for Your Claim

Evidence strengthens your personal injury lawsuit. Potential evidence you should collect includes:

• Photos of unsafe public property or public parks
• Statements from witnesses
• Medical records showing treatment and costs
• Proof of lost wages and other compensation you’re entitled to

Share this with your lawyer so he or she can present a strong case on your behalf.

Settlement and Negotiation

Not every claim ends in a trial. Many are resolved through settlement and negotiation. The government entity may offer compensation to avoid going to court.

Negotiating a fair settlement takes skill and experience. We’ll fight for the compensation you deserve and make sure your rights are protected.

If your case goes to trial, the court will hear arguments from both sides and make a decision. If the outcome isn’t favorable, you may be able to file an appeal. 

Post-trial procedures can include motions, hearings, and additional steps to resolve the case. These processes can be complex, but our team will prioritize your safety and recovery the entire way.

Why the Statute of Limitations Is So Important

The statute of limitations is the legal clock that governs how long you have to act. It starts ticking from the moment your claim arose and applies to the service of your notice of claim as well.

Miss that window, and the court will almost always dismiss your civil lawsuit, even if your injuries and losses are undeniable. That’s why injury victims – whether dealing with the City of New York, a local government, or public authorities like the Transit Authority – must move quickly and deliberately.

Understanding the time limits and ensuring each action is taken in a timely manner is the core of protecting your right to seek compensation.

The Value of Experienced Legal Help

The claims process for the City of New York or any New York State entity is full of technical requirements. If even one is missed – wrong delivery method, incomplete notice, mistaken identification of the government entity – the entire personal injury claim can collapse. That’s where Hill & Moin LLP steps in. 

Our lawyers have helped countless injury victims and grieving families through:

• Wrongful death cases involving government employees’ negligence
• Negligence claims for unsafe public property or public parks
• Civil lawsuits after serious car accidents or transit incidents
• Complex claims against the New York City Housing Authority, the New York City Transit Authority, and the Metropolitan Transportation Authority

We know how to file a claim correctly, anticipate defenses like sovereign immunity, and ensure your legal action is never barred by the statute of limitations.

Your Next Step

If you or a family member has been hurt and you believe a government agency is legally responsible, you don’t have time to guess your way through the process. You need clear guidance, thorough preparation, and a team that sees you as more than just a claim number provided in a file.

At Hill & Moin LLP, we treat every client as a person first, not a file number. Our team of experienced lawyers, including seasoned personal injury attorneys, will listen to your story, answer your questions in plain language, and map out a customized strategy. 

Don’t hesitate to call us today. Hill & Moin offers free consultations so you can understand your rights without any obligation. In that meeting, you can:

• Review your situation with an experienced lawyer who knows how New York State’s sovereign immunity and public authority exceptions work
• Learn how the claims process applies to your case, from notice of claim through a potential civil lawsuit in court
• Understand the statute of limitations for your specific type of personal injury lawsuit – whether a slip-and-fall in a public park or a car accident involving a government vehicle
• Get a detailed plan for filing your notice of claim and, if necessary, taking your case to court to pursue the full compensation you deserve

Protecting Your Rights Starts Now

If you or a family member has been hurt and you believe a government agency is legally responsible, you don’t have time to guess your way through the process. At Hill & Moin LLP, our commitment is simple: Your case and your future are always our priority. Our experienced lawyers guide clients through each stage of the claims process, protecting rights and pursuing fair results.

With Hill & Moin by your side, you can focus on healing while we focus on securing the compensation you deserve – whether through negotiation, settlement, or a full civil lawsuit in court. Contact us to schedule your free consultation without delay.