What Is a ‘Notice of Claim’ in NYC Sidewalk Accident Cases?
New York City is responsible for maintaining safe sidewalks not just on city property but also those abutting many private residences as well. If you were injured due to a defective or poorly maintained sidewalk in NYC, whether maintained by the City or a private property owner, filing a lawsuit may be an option to recover compensation for your injuries. However, if your claim is against the city, you must first file a “Notice of Claim” with the appropriate municipal entity before proceeding with a lawsuit. Understanding this crucial requirement can help ensure your rights are protected.
Read on to learn what you need to know about a notice of claim in New York City. For help after a sidewalk accident injury in The Bronx, Brooklyn, Manhattan, or Queens, contact Leandros A. Vrionedes, P.C., for help from an experienced and successful New York sidewalk accident lawyer.
What Is a Notice of Claim?
A Notice of Claim is a legal document that informs a government entity of your intention to sue for damages resulting from an accident. In NYC sidewalk accident cases, this is particularly important because the law requires injured individuals to notify the city before initiating legal action. The Notice of Claim provides the city with details about the accident, including:
- Your name and contact information
- The date, time, and location of the accident
- A description of how the accident occurred
- The nature of your injuries
- The damages you are seeking
Failure to file a Notice of Claim within the required timeframe can result in losing your right to seek compensation from the city.
When Must You File a Notice of Claim?
In New York, you must file a Notice of Claim within 90 days of the date of your accident. This deadline is strictly enforced, and missing it can bar you from pursuing a claim against the city. After filing the Notice of Claim, you must also wait at least 30 days before filing a lawsuit, giving the city time to investigate your claim.
Who Is Responsible for NYC Sidewalk Maintenance?
Liability for sidewalk accidents in NYC depends on the location and ownership of the property adjacent to the sidewalk. According to New York City Administrative Code Section 7-210, the private party owners are responsible for maintaining the sidewalks adjacent to their property, and the City of New York is responsible for sidewalks adjacent to public property, such as parks and municipal buildings. However, the City has also accepted legal responsibility for maintaining the sidewalks abutting one-, two-, or three-family residential properties that are at least partly occupied by the owner. Additionally, if a sidewalk defect is caused by tree roots, the city may bear responsibility regardless of who owns the property.
Remember, if the city is responsible for the sidewalk where your accident occurred, filing a Notice of Claim is a necessary step before suing for damages.
How Do You File a Notice of Claim?
Filing a Notice of Claim involves submitting the required document to the New York City Comptroller’s Office either online, by mail, or in person. An attorney can help ensure your claim is properly completed and submitted before the deadline.
After filing, the city may request a 50-h hearing, which is similar to a deposition, where you will be asked questions about the accident under oath. This hearing is part of the city’s investigation process before a lawsuit can proceed. Since this is a consequential legal proceeding, legal advice and representation are recommended.
What Happens After Filing a Notice of Claim?
Once you have filed a Notice of Claim, the city has 30 days to review it. If the city does not settle your claim, you can file a lawsuit. Under New York’s statute of limitations, you generally have one year and 90 days from the date of the accident to file your lawsuit against the city. In contrast, for claims against private property owners, the statute of limitations is usually three years from the accident date.
Why Legal Representation Is Essential
Filing a Notice of Claim is a time-sensitive and legally complex process. A small mistake can jeopardize your ability to recover compensation for medical bills, lost wages, pain and suffering, and other damages. An experienced NYC personal injury attorney can:
- Ensure your Notice of Claim is filed correctly and on time
- Investigate liability and determine whether the city or a private owner is responsible
- Represent you in the 50-h hearing and settlement negotiations
- Pursue legal action if necessary to maximize your compensation
Contact Leandros A. Vrionedes, P.C. for Help
If you or a loved one has been injured in a sidewalk accident in New York City, don’t wait to take legal action. At Leandros A. Vrionedes, P.C., we have extensive experience handling sidewalk accident claims in Brooklyn, Queens, and throughout the city, including those involving municipal liability. Contact us today for a free consultation and let us represent you in the claims process and fight for the compensation you deserve.
