NOTICE OF CLAIM REQUIREMENT
Before one can bring a lawsuit to collect damages against a city, town, or a public agency in the state of New York, a notice of claim requirement must be satisfied. A claimant has ninety days during which to file and comply with the notice of claim requirement or they will be barred from bringing the action. This is not the same as the statute of limitations. The statute of limitations against municipalities is one year and ninety days as opposed to the normal statute of limitations for personal injury matters in New York which is three years.
One of the main purposes of the notice of claim requirement is to give the government a thirty-day time window upon receipt of the notice of claim to request a “50-H” hearing. This hearing is somewhat like a deposition and it is an advantage that non-government entities do not receive. It gives the government an extra opportunity to acquire information and testimony it may use to defeat a claim. The government may also request a medical examination during this thirty-day time period. Every municipality has the power to designate who must be served with the notice of claim and if the notice of claim requirement is not satisfied, the claim itself will be barred forever. It is important to determine who it should be served on before attempting to serve a notice of claim.
It is advisable to speak with an experienced personal injury attorney before attempting to comply with the notice of claim requirement. The barring of the action for failure to comply with the notice of claim requirement is a strict penalty and not worth the risk of attempting this task pro se.
Personal Injury Attorney
Retaining an attorney that understands the process of suing a municipality can make all the difference in your case. When you or a loved one are injured by the negligence of a municipality, you need a personal injury attorney who understands the process. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced personal injury attorney.
Hit and Run
We tend to not think of hit and run car accidents as a major issue in New York. Unfortunately in a large city such as New York, there are many selfish people living amongst us as we go about our daily lives. We often take our own safety for granted when we go for a casual stroll at night to the corner store to grab a late-night bite to eat. Tragically, a casual late-night stroll can end someone’s life and shatter a family. Sadly, this is what happened in Cypress Hills Brooklyn when Israel Turcios and his friend Delmer Maldenado went out for a bite around midnight. The two men, both fathers, were run down by a selfish, depraved person that ran away from the scene of the crime. Not only did this selfish individual leave two men dying on the street, he left two families shattered into pieces. ABC News reports that the search is on for this depraved individual who is still on the loose after this hit and run incident. The story can be read here.
In large cities such as New York and the five boroughs, nightmares like this occur more frequent then they should. When you or a loved one are the victim of a crime such as a hit and run, you need someone fighting on your side. You need someone that will help you put the fragmented pieces of your family back together. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a personal injury attorney.
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