The time frame during which Buffalo personal injury lawsuits involving minors and municipalities must be pursued can become very complicated. In most cases involving municipalities, the injured party must file a Notice of Claim with the appropriate government agency involved in the case within 90 days of injury. This time frame may be extended by up to an additional year if a reasonable excuse for the delay is provided to the court. A personal injury lawsuit initiated against a government agency without the appropriate filing of a Notice of Claim is likely to be dismissed.
When a minor is injured, this time frame may change. New York State law allows for a delay in the start of the running of the statute of limitations for many cases involving infants up to the time that infant reaches the age of majority. The Court of Appeals – the highest court in New York State – has held that this delay applies not just to the time in which to file a lawsuit, but also to the time in which to file a Notice of Claim.
This delay, however, is not absolute. The Court of Appeals also ruled that while an infant may bring a late Notice of Claim, there is no requirement that the court allow the infant to do so in all cases. Instead, several factors, including prejudice to the defense and the ability to investigate the facts surrounding the event, must be considered when determining whether the infant may still proceed with a personal injury lawsuit against the government agency.
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