If you are considering filing a personal injury claim against a municipality in Nassau County, it can be helpful to know your rights and understand the legal processes involved. In particular, the statute of limitations for suing a municipality is an important issue to consider, as you may only have a limited timeframe within which to take legal action. Additionally, the statute of limitations for suing a municipality is frequently different than for other types of personal injury cases.
This blog post will provide essential information about pursuing a personal injury lawsuit when a municipality is involved and answer a few common questions so that you can make informed decisions when making a claim.
What Is the Statute of Limitations in New York?
If you have been injured in an accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, it is important to act quickly, as there is a time limit on how long you have to file a lawsuit. This time limit is known as the statute of limitations. In New York, the statute of limitations for personal injury cases is typically three years. This means that you have three years from the date of your injury to file a lawsuit. You may be barred from recovering any damages if you do not file your lawsuit within three years.
Review this blog post for more information on the basics of the personal injury statute of limitations in New York.
How Does the Statute of Limitations Change when Suing a Municipality?
Before we dive further into the details of filing a personal injury claim against a municipality, it is important to understand what we mean by "municipality." Generally, a municipality is a government agency, such as a city or town, responsible for providing various services to its citizens, such as road maintenance and public transportation.
Notice of Claim
When filing a personal injury claim against a municipality, there are some key differences to be aware of compared to a private individual or company. One of the most important differences is that an injured party must properly file a “notice of claim” with the municipality within 90 days of the accident. This is known as a “condition precedent” to bringing a lawsuit. If the injured party fails to properly serve a notice of claim, their right to file a lawsuit may be lost.
In addition to filing a notice of claim, The statute of limitations for filing a personal injury claim against a municipality is shortened to one year and 90 days from the date of the incident. This means that if you are injured due to the negligence of a municipality, you must file a lawsuit within one year and 90 days of the incident, or you may lose your right to sue.
What to Do If You are Injured by Municipality Negligence in NY
If you have been injured due to the negligence or wrongful act of a municipality in New York, there are several crucial steps that you need to take in order to protect your rights and seek compensation for your losses.
Your first steps should be to:
- Seek medical attention immediately. Even if your injuries seem minor, getting them checked out by a doctor is important. This will help to ensure that you receive the proper treatment and that your injuries do not worsen.
- Document your injuries and any other damages you’ve suffered. Take pictures of your injuries, retain all medical records, and keep track of any medical expenses you incur as a result of your injuries. Additionally, keep any documentation regarding other damages you may have suffered, such as damage to personal property and/or lost wages due to time off work. This documentation will be important if you decide to file a lawsuit.
- Contact an attorney. An attorney can help you understand your rights and options and can represent you if you decide to file a lawsuit.
At Foley Griffin, we understand how overwhelming an accident can be, especially if you or a loved one has been seriously injured. We have represented countless clients across Nassau County and are experienced in handling cases involving municipalities. Contact us today for experienced, thoughtful guidance tailored to your personal needs.