Rochester, New York, Personal Injury Lawyers: What Is The Lack Of Prior Written Notice Defense?

If You or a Loved One, Sustained Injuries in a Rochester Accident Involving a State Agency, City Department, or Other Government Entity, The Dietrich Law Firm P.C. Could Help You Secure the Compensation You Deserve.

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Filing an insurance claim or legal complaint can become substantially more complicated if and when a government entity is involved. The state, cities, and some individual municipal corporations often shield themselves from litigation by demanding that potential plaintiffs provide prior written notice of an accident injury. If you fail to provide prior written notice of the accident, the courts may find that you do not have the legal standing necessary to file a lawsuit. To make matters even more confusing, different cities and government departments might have their own individual deadline for filing a notice, making it seemingly impossible for ordinary people to get relief after a serious accident.

The Dietrich Law Firm P.C. has seen first-hand how government filing restrictions can complicate otherwise straightforward claims. While challenging a city, police department, or public works company can be intimidating, our attorneys do not back down from challenges. We know what it takes to get our clients the compensation they need and the justice they deserve. Please send us a message online or call us at 585-939-3939 to schedule your free, no-obligation consultation.

The Lack of Prior Written Notice Defense in New York

The State of New York has strict requirements for anyone seeking to file a civil complaint or lawsuit against a local government agency. Before petitioning the courts for damages, plaintiffs must typically file a Notice of Claim. The notice of claim should be filed with the department, corporation, or entity liable for the alleged damages.

You may be required to submit a notice of claim before proceeding with:

1. A personal injury lawsuit;
2. A wrongful death lawsuit;
3. Any claim concerning damage to real property caused by the negligence of a government official.

You may have to submit a notice of claim before proceeding with a lawsuit against:

1. A New York state agency, such as the New York State Police, the New York Department of Transportation, or the New York State Thruway Authority;
2. A local government body, such as the City of Rochester or Monroe County; and
3. A local municipal works corporation, such as the Rochester Police Department, Rochester School District, or Rochester Department of Recreation and Human Services.

In most cases, filing a notice of claim is not optional. The New York State Unified Court System specifically cautions potential personal injury plaintiffs that the notice of claim is vital. If you do not file a notice of claim, the defendant entity could evoke the lack of prior written notice defense, saying that you neglected state and local law by failing to inform the government that you suffered an accident-related injury.

The Dietrich Law Firm P.C.’s experienced legal team can help you meet the unique filing deadlines and requirements set by New York State, the City of Rochester, and other government entities. You do not need to let your recovery be held hostage by bureaucratic obstacles and red tape. Please call us at 585-939-3939 to schedule your consultation as soon as possible.

Countering the Lack of Prior Written Notice Defense

New York State and local governments sometimes permit individual plaintiffs to pursue credible claims even if they missed the filing requirement. However, exceptions are rarely granted, as waiving the notice of claim period could expose state agencies and municipal bodies to costly and time-consuming litigation. If you believe that you have a compelling reason to file a late notice of claim, you will have to provide compelling evidence that you qualify for an exception. You could be provided an exception if:

1. Your circumstances precluded or prevented you from filing a claim. For example, you might be entitled to an exception if you were under the age of 18 or physically or mentally incapacitated as a result of the accident;
2. You were engaged in settlement discussions with the defendant entity;
3. You made a reasonable error in identifying or omitting a government body as a potential defendant;
4. A triable issue of fact exists concerning the actual requirements for filing a notice of claim; or
5. The public entity’s negligence created the defective condition or dangerous circumstance that caused the accident.

While advocating a claim against the same government that sets and enforces the rules could seem challenging, the Dietrich Law Firm P.C. knows what it takes to construct a compelling, evidence-based case for recompense. Our battle-tested attorneys know how to hold state agencies, cities, and public works corporations responsible for misconduct. Do not let deadlines jeopardize your chance at getting justice: call Jed Dietrich, Esq., at 585-939-3939 to schedule your free, no-hassle consultation.

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Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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