When you are injured due to the negligence of the city of New York or a city employee, you have a right to pursue a claim against the city for damages. However, when filing a claim against the City of New York (or another municipality within the state), there are a number of rules that you must adhere to, including specific time limits for bringing forth your claim, known as the Statue of Limitations.
What is a Statute of Limitations
The term Statute of Limitations is used quite heavily in the legal field. Statutes of limitations are laws which say how long after certain events, a claim can be filed based on those events. These limits vary heavily based on the types of events that occurr. It is important to speak with a lawyer to gain a full understanding of any limits that may be in place regarding filing your claim.
Notice of Claim within 90 Days
The first time limit of which you must be aware is the 90-day notice of claim requirement. Essentially, this law requires that within three months from the date of your injury, you must file a notice of claim with the city which includes your name and address, the nature of the claim, the extent and details of your injuries, and the amount of damages that you are seeking.
Filing Your Lawsuit
Filing a notice a claim is not the same thing as filing a lawsuit, and is not governed by the same time limit. If you wish to bring forth a lawsuit against the city of New York, you must do so within one year and 90 days from the date of accident (but can only file your lawsuit after you have filed your notice of claim).
Common hazards in the city
New York City is well-known for its subway system, which is made up of the largest number of public transit subway stations in the world. According to Subway Ridership Statistics presented by The Metropolitan Transit Authority (MTA), more than 1.6 billion passengers rode the NYC subway system in 2011 alone. 5.2 million passengers rode the subway on an average weekday. The majority of these passengers experienced no problems and instead enjoyed safe trips to and from, work, school and tourist attractions. The MTA has worked hard to improve the overall safety and cleanliness of the subway system with good results. For some passengers, however, their subway experiences will end in disaster. According to a March 2012 report, 147 passengers were struck by subway trains in 2011, an increase of 15% from the previous year.
In addition to subway accidents in New York City, it is fairly common to see robberies, sexual assault, slip and fall accidents and also construction accidents happen on government property.
Contact Our Law Firm Today
Understanding the difference between a notice of claim and an actual lawsuit, how to file each, and the time limits that correspond to each can be confusing for the non-legally trained person. At the law offices of Napoli Shkolnik PLLC, we are able to competently handle both aspects of the process, and urge you to contact us as soon as possible following an injury in NYC. Do not waste any time – consult with our personal injury lawyers immediately!