Content reviewed by:
Alex Shulman
Whether you need to file a Notice of Claim in Westchester County depends on where the accident happened and who owns the property. If the incident occurred on public land due to the negligence of a government employee, you must file a Notice of Claim if you intend to sue.
According to New York law, you have 90 days from the date of the accident to file your Notice of Claim. It must be in writing, sworn to before a notary public, and include specific details about you and the incident. Thirty days later, you may then file a lawsuit against the government.
Suing the government can be complex, and you’ll need strong legal representation from our personal injury lawyers in New York City. Reach out today for a free consultation.
What Is a Notice of Claim in New York?
A Notice of Claim is a legal document you must file before suing a government entity. It serves as a warning that a lawsuit is coming, and it gives the government time to investigate and prepare. It must include:
- Your full name and address
- The facts of your claim
- When and where your injury happened
- A description of the injuries or damages you suffered
While you can prepare and submit a Notice of Claim for a Westchester County property injury on your own, most people feel it is smart to leave it to an attorney. A personal injury lawyer will understand the proper format and can make sure your documents are submitted on time so you don’t lose your right to sue.
Typical Property Locations that Often Require a Notice of Claim
Like most premises liability claims, the government can be responsible for injuries that happen when a dangerous situation exists on its property, they fail to repair the issue or warn people about it, and you suffer real damages because of it.
Some of the typical locations and causes of incidents that may require a Notice of Claim before filing a lawsuit in New York include:
- Sidewalks and streets with uneven pavement, potholes, or icy sidewalks that cause falls and injuries.
- Government offices, libraries, courthouses, and other municipal buildings with slippery floors, broken stairs, or faulty handrails.
- Parks and playgrounds with poorly maintained equipment, sports fields, walking paths, or benches.
- Public pools, where slip-and-fall accidents are common
- Municipal recreation facilities with unsafe surfaces, wet floors, or defective equipment.
- Government–owned parking areas with potholes, uneven surfaces, or insufficient lighting.
- City or county–owned stadiums and sports fields with poor upkeep and unsafe public areas.
Do All Injuries on Government Property in Westchester County Require a Notice of Claim?
You need only file if the legal action you intend to take is against a government entity. If another party injured you, you can pursue available damages in a personal injury case without the need to file a Notice of Claim.
Even if your accident happened because of the actions of another party, the government may still have some liability. It’s important to speak with our legal team before proceeding with your lawsuit so you fully understand your options and rights.
What Is the Statute of Limitations for Personal Injuries in New York?
You have three years from the date of your accident to file a personal injury lawsuit in New York under ordinary circumstances. However, claims filed against government entities require a different process:
- After a Notice of Claim, lawsuits against municipalities must be filed within one year and 90 days from the incident, per New York General Municipal Law §50-I.
- Following a Notice of Claim, lawsuits against the state have a statute of limitations of generally two years for negligence, with longer periods for certain other claims.
- Federal claims fall under the Federal Tort Claims Act. An administrative claim must be filed within two years, followed by additional deadlines if the claim is denied.
Get Help With Your Personal Injury Claim
If you intend to file a lawsuit against the government for a Westchester County property injury, you must file a Notice of Claim before you can proceed. If the government was not involved in your accident and injury, no Notice of Claim is required for a personal injury lawsuit in New York.
Details such as when a Notice of Claim is required in property injury cases are important, but they’re also easy to miss when you are hurt and trying to get your life back on track. Our legal team can manage your case, identify liable parties, and make sure you proceed correctly.
Our team at Shulman & Hill has over 200 years of combined legal experience, and we’ve recovered more than $1 billion for injured accident victims. Every Borough, Every Block, New York, We Got You.
Call today to schedule your free consultation and learn how we can help with your property injury case.
