After an accident in New York City, most people focus on medical care, missed work, and getting back to normal. But if the crash, fall, or injury involves the City of New York or another public entity, there is a deadline that can quietly destroy an otherwise strong case: the Notice Of Claim deadline. In many situations, you have just 90 days to serve it.
This post explains what a Notice Of Claim is, why timing matters so much in NYC injury cases, and why hiring an attorney at The Dearie Law Firm is often the difference between having a claim and having none.
What Is A Notice Of Claim In NYC?
A Notice Of Claim is a formal written notice that you, the injured person, must serve on certain government entities before you are allowed to sue them for negligence. New York law treats this step as a required condition before a lawsuit can move forward in many cases against a “public corporation.”
In plain English: if a city agency (or another covered public entity) may be responsible, you typically cannot “just file a lawsuit later.” The Notice Of Claim comes first, and the clock starts fast.
Common Accidents That Can Trigger A Notice Of Claim Requirement
You may need a Notice Of Claim when an injury involves a public entity, including situations like:
- A fall caused by a dangerous sidewalk, curb, roadway defect, or poorly maintained public property
- Injuries connected to NYCHA buildings or grounds
- A crash involving a City vehicle or a government employee driving for work
- Negligent maintenance, poor lighting, broken stairs, or unsafe conditions in certain public facilities
- Other negligence where the City or a covered public entity had duties to maintain, repair, supervise, or operate safely
Identifying the correct responsible entity is not always obvious in NYC, and getting it wrong can cost valuable time.
Notice Of Claim Deadlines In NYC: The Big Ones You Cannot Miss
You May Have Only 90 Days To Serve The Notice
In many tort cases against covered public entities, the Notice Of Claim must be served within 90 days after the incident arises (often the date of the incident).
You Usually Must Wait Before Filing Suit, And You May Face A 50-H Hearing
After the Notice Of Claim is filed, there are additional procedural steps. NYC’s Comptroller guidance explains that after 30 days from filing, and if you comply with any request for a 50-h hearing (testimony under oath), you may file a lawsuit.
New York’s 50-h statute gives the municipality the right to demand an examination of the claimant and may include a physical exam.
The Lawsuit Deadline Can Be Shorter Than You Think
Even after the Notice Of Claim is filed, there is a separate deadline to actually start the lawsuit. For many NYC municipal defendants, the action generally must be commenced within one year and 90 days of the event.
What Happens If You Miss The Notice Of Claim Deadline?
Missing the Notice Of Claim deadline can lead to the case being dismissed, regardless of how serious the injuries are or how clear the negligence is. The deadline is not a technicality, it is a gatekeeper.
There is a legal process to ask a court for permission to file a late Notice Of Claim in some circumstances, but it is not automatic and it can be denied.
That is why acting early matters. It protects your options.
Why Hiring A Lawyer Early Matters In NYC Notice Of Claim Cases
A Notice Of Claim case is not just about paperwork. It is about protecting evidence, meeting strict deadlines, and making sure the claim is positioned to survive.
An attorney can help by:
- Identifying the correct public entity (in NYC, that is often the hardest part)
- Serving the Notice properly and on time under the rules that apply to that defendant
- Framing the claim clearly with the details that matter (time, place, how it happened, what was negligent, and injuries)
- Preparing you for a 50-h hearing, including what to expect and how to avoid common pitfalls
- Building the proof early: photos, witness statements, records requests, prior complaints, maintenance logs where available
- Keeping all deadlines aligned, including the one-year-and-90-day filing deadline for the lawsuit
Just as important: hiring a lawyer early helps you avoid mistakes that cannot be fixed later, like naming the wrong entity, serving the wrong office, or waiting until key evidence disappears.
What To Do Now If You Think A City Agency Is Involved
- Get medical care and follow up, even if symptoms feel “minor” at first
- Photograph the scene (wide shots and close-ups), including any defect, hazard, signage, lighting, and weather conditions
- Write down the exact location, time, and how the incident happened while it is fresh
- Collect names and contact information for witnesses
- Preserve clothing, shoes, or damaged property involved
- Do not give a recorded statement to a government investigator without legal advice
- Talk to an attorney immediately if the City, NYCHA, a public hospital, or another public entity may be involved, because the 90-day Notice Of Claim window can close fast
How The Dearie Law Firm Helps With NYC Notice Of Claim Cases
Notice Of Claim cases are procedural, deadline-driven, and aggressive in early investigation. The Dearie Law Firm handles NYC-area injury claims with a focus on moving quickly, building the evidence early, and guiding clients through the process from day one, including preparation for statutory hearings like the 50-h hearing.
When you hire a lawyer, you are not just hiring someone to “file forms.” You are hiring someone to:
- lock down deadlines,
- protect the claim from preventable errors,
- prepare the case as if it may need to be tried, and
- take pressure off you while you focus on recovery.
Damages That May Be Available In A Successful Claim
Depending on the facts, an injury claim may seek compensation for:
- Medical bills and future medical needs
- Lost wages and reduced earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Out-of-pocket expenses related to the injury
Every case is different, and public-entity cases often require early documentation to prove the full impact of the injuries.
Talk To A Lawyer Before You File Anything
If your injury happened in New York City and a public entity may be involved, you may have only 90 days to serve a Notice Of Claim.
Waiting can permanently limit your options.
Contact The Dearie Law Firm as soon as possible to discuss what happened, identify the correct entity, and protect your deadline.