Filing a Claim Against a Government Agency in NYC: Don’t Miss the 90-Day Deadline

Injuries caused by government-owned buses, city-maintained sidewalks, or other public property in New York City are more common than most people think.

But there’s a catch: filing a claim against a city, county, or state agency isn’t the same as filing against a private person or company.

The law requires you to file a document called a “Notice of Claim” within just 90 days of the incident — far shorter than New York’s usual three-year statute of limitations for personal-injury cases.

Missing this deadline can mean losing your right to recover any compensation at all.

This guide explains how the process works, what the 90-day rule means for you, and why acting quickly can make the difference between a strong case and no case.

Who You Can File Against

A government-related injury claim can arise from many situations, such as:

• 🚍 Being struck by an MTA bus or city sanitation truck
• 🚶‍♀️ Tripping on a broken or uneven city-maintained sidewalk or crosswalk
• 🏫 Injuries that happen on school or municipal property
• 🚧 Accidents involving city construction or road-maintenance crews
• 🚔 Collisions with police or emergency vehicles

In all these cases, you may be filing a claim against a city agency (like the NYC Department of Transportation), a state agency, or another municipal entity.

What Is a “Notice of Claim”?

A Notice of Claim is a formal document that:

1. Alerts the government entity about your injury and your intent to seek damages.
2. Provides key details: your name and contact info, date and place of the incident, a brief description of what happened, and the type of damages you’re claiming.

The purpose is to give the government agency a chance to investigate promptly while the evidence is still fresh.

The 90-Day Deadline

Here’s the most important rule:

You must file the Notice of Claim within 90 days of the incident (or within 90 days of when the claim arose, such as the discovery of an injury caused by negligence).

Failing to file within that period typically means:

• The court will likely dismiss your claim, no matter how serious your injuries.
• Extensions are rarely granted and require special circumstances and court approval.

After the Notice Is Filed

Filing the Notice of Claim is not the lawsuit itself. It’s the first procedural step. After filing:

• The agency may schedule a hearing (known as a “50-h hearing”) where you answer questions under oath about the incident.
• You typically have one year and 90 days from the incident date to actually file the lawsuit in court — but you can’t proceed without that first Notice of Claim.

Common Mistakes to Avoid

Many people lose their chance to recover damages because they:

• Wait too long to contact a lawyer, missing the 90-day deadline.
• Send the notice to the wrong agency or fail to serve it properly.
• Provide incomplete or inaccurate information in the notice.
• Underestimate the seriousness of their injuries and delay filing.

Why You Need a Lawyer Right Away

Government claims in NYC can be complex because:

• Multiple agencies may be involved (e.g., city vs. state vs. MTA).
• Each agency has its own rules for service and deadlines.
• The legal defenses for government entities can be stricter than for private defendants.

An experienced NYC personal-injury lawyer will:

• Identify the right agency and make sure your Notice of Claim is properly served.
• Preserve critical evidence and witness statements before they disappear.
• Handle deadlines, hearings, and negotiations so you can focus on recovery.

Real-World Example

Imagine you trip over a cracked, uneven slab on a city-maintained sidewalk in Queens and suffer a fractured wrist.

If you wait six months to call a lawyer, you’ve already missed the 90-day window to file your Notice of Claim — even though New York’s general statute of limitations for personal-injury cases is three years.

This short deadline is one of the most common pitfalls for NYC accident victims.

Key Takeaways

• 90 days: That’s all you have to file a Notice of Claim after an injury involving a government agency.
• Without this notice, you cannot proceed with a lawsuit for damages.
• The process is separate from and shorter than the usual 3-year statute of limitations.
• Getting legal help quickly is essential to avoid losing your rights.

If you were hurt in an accident involving a city bus, subway, sidewalk, school property, or any government-related vehicle or site, don’t wait.

📲 Contact the Law Offices of Jason G. Krantz, P.C. as soon as possible to protect your claim and meet all deadlines.

The clock starts ticking the day the accident happens — don’t let 90 days slip away.

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