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Define a “Notice of Claim” and Its Importance

Define a “Notice of Claim” and Its Importance
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Consider what these potential personal injury cases have in common—-tripping on a subway station floor defect; struck in one’s car by a state police motor vehicle or suffering medical malpractice during a municipal hospital stay.

Each plaintiff’s common factor shows the defendant is a governmental entity (MTA, State, City respectfully) requiring that a “Notice of Claim” must be submitted within 90 days of the accident prior to filing a lawsuit. Failure to file a “Notice” timely prevents commencing a lawsuit although some exceptions may apply.

The Notice must contain in writing the date of injury, how the accident occurred and other facts to establish that a viable cause of action against the government exists.

The primary lesson remains that every injured person should seek legal advice quickly after an accident as delays are often legally very costly.

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