Navigating legal proceedings involving New York municipalities can be complex, especially when it comes to filing a notice of claim under New York Municipal Law 50-e. This law sets strict guidelines for individuals who intend to file a lawsuit against a municipal entity, such as a city, county, or town. A notice of claim is essentially a formal written statement, notifying the municipality of the plaintiff's intention to seek damages for an alleged injury or harm caused by the municipality’s actions or negligence. Failing to properly file a notice of claim within the required timeframe can result in a loss of the right to pursue the claim in court. The personal injury attorneys at Weber & Prakope, PLLC recommend acting fast to consult an attorney if you are injured on municipal property or due to the actions or negligence of a municipal entity.
Under New York Municipal Law Section 50-e, a notice of claim must be filed within 90 days after the incident or event that gives rise to the claim. This deadline is crucial, and it is important for claimants to be aware that the 90-day window is not flexible. Working with experienced personal injury attorneys like those at Weber & Prakope, PLLC, can eliminate the uncertainty that filing without representation can bring. If the claimant misses this deadline, they may be barred from initiating a lawsuit against the municipal entity, even if their claim is valid. However, it is possible to apply for an extension of time to file a notice of claim, but such requests must be made within one year and 90 days from the incident. Without a timely and proper filing, individuals may lose their chance to pursue legal action.
The notice of claim itself must include specific details to satisfy the legal requirements set forth in this law. It should outline the nature of the claim, the facts surrounding the incident, the injuries sustained, and the names of any individuals involved. Additionally, the claimant must serve the notice of claim on the appropriate municipal agency or department. In some cases, there may be multiple government entities involved, requiring careful attention to detail in determining the correct recipient of the notice. A failure to comply with these procedural requirements can result in the dismissal of the case, regardless of the merits of the claim.
Understanding and adhering to the requirements of New York Municipal Law 50-e is essential for anyone considering legal action against a municipality. While it may seem like a procedural step, filing a notice of claim is a crucial element in ensuring that a potential lawsuit is not dismissed on technical grounds. As such, anyone intending to file a claim against a municipal entity should seek legal counsel as early as possible to ensure all deadlines and requirements are met, protecting their right to seek justice. Call the attorneys at Weber & Prakope, PLLC today at (516) 452-9010 or utilize the live chat feature here.