Claims Against a Municipality

If you are injured by the negligence of a municipality such as a City, Town, Village or a subsidiary (such as the New York City Transit Authority) you need to be mindful of a deadline called the NOTICE OF CLAIM deadline. Most municipalities have a 90 day deadline to file something called a NOTICE OF CLAIM. 

What is a Notice of Claim?

A Notice of Claim is a summary of your claim. Under New York law, a Notice of Claim must contain the following: a) your name and address b) the date, time and location where the negligence occurred c) injuries suffered d) a detail explanation of the negligence e) (and depending on whether the City has more than a million people) the damages alleged (your demand). 

Who do you serve?

In order to find that out you need to figure out which entity was responsible for your injuries and how you contact them.  Some entities are separate corporate entities such as the New York City Transit Authority and some are part of an incorporated City or County such as the Westchester Department of Transportation.  Usually a simple phone call or email search can get you the information that you need. 

How do you serve a Notice of Claim?

There are two ways to serve the Notice of Claim. Either by process server or by first class mail, certified mail, return receipt requested. 

What happens after the Notice of Claim is served?

The municipality will have the opportunity to ask you questions about the claim in a pre-suit deposition called a 50-h hearing. 

How long after the Notice of Claim is served do I have to sue the municipality?

30 days

As you can see, claims against a municipality are difficult. That is why you need an attorney who knows how to deal with municipalities such as the LAW OFFICES OF JASON  B. KESSLER, P.C. If you have a claim against a municipality call Jason Kessler at 914-220-1088 or email him at kesslerlawyer@gmail.com  You can also go to the law firm's website atwww.kesslerlawyer.com.