When a person is injured on property owned by the City of Buffalo, the injured party may pursue monetary compensation from the city itself or one of the public departments operating within Buffalo. When pursuing a case against a municipality, New York State has specific laws requiring that a Notice of Claim be submitted to the public agency or its legal representative.
A proper Notice of Claim which includes the date, time, location and details of the accident must be submitted within 90 days of the accident. If it is not filed within 90 days, the claim may be denied by the public agency, and the case may be dismissed by the court. As a result, if you are injured on public property or as the result of the negligence of a public employee, you should take immediate steps to insure your right to pursue a personal injury claim is protected.
In some cases, courts will allow a Notice of Claim to be filed outside the 90 day timeframe. Exceptions have been made for infants and people with documented physical and mental disabilities. Also, courts have occasionally granted leniency to the injured party where the public agency did not suffer any prejudice due to the delay.
You should not, however, rely on the leniency of the court if you are in this situation. If you have been injured and have any questions regarding whether you should file a Notice of Claim, please feel free to call me at 716-542-5444.
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