Notice of Claim

A notice of claim is a formal document that an injured party must file with a government entity before they can sue that entity in court for personal injury or property damage. This pre-litigation requirement is a holdover from the doctrine of sovereign immunity — governments require advance notice of potential claims so they can investigate the incident, potentially settle meritorious claims early, and budget for potential liabilities. Failure to timely file a notice of claim is usually fatal to a lawsuit against a government entity.

The deadline to file a notice of claim can be extremely short — often as little as 30 to 90 days from the date of the injury, depending on the type of government entity and the jurisdiction. For injuries involving municipalities, New York's General Municipal Law, for example, requires a notice of claim within 90 days of the incident. Contrast this with the general two or three year statute of limitations for personal injury claims against private parties, and it becomes clear why prompt consultation with an attorney after an injury on government property is critical.

The contents of a notice of claim typically must include the claimant's name and address, the nature of the claim, a description of how the injury occurred, the time and location of the incident, the nature and extent of the injuries sustained, and the amount of compensation claimed. Many jurisdictions require the notice to be served on a specific government office or official using a specific method of service. Minor defects in the form of a notice of claim can sometimes be excused by the court, but substantive failures — such as missing the deadline entirely — generally cannot be overcome.

Courts have the authority in some jurisdictions to grant permission to file a late notice of claim if the claimant can demonstrate that the delay was excusable — for example, because the claimant was a minor, was incapacitated, or did not know the defendant was a government entity. However, such relief is discretionary and by no means guaranteed. Any person who believes they may have a claim against a government entity, school district, transportation authority, or public facility should consult a personal injury attorney immediately to ensure compliance with applicable notice of claim requirements.