What Information Has To Be Included In A Notice Of Claim?

by Friedman & Ranzenhofer, PC on October 25, 2010

in Buffalo Injury Questions and Answers

When a Buffalo injury victim wishes to pursue damages from a public agency, New York State law requires that a Notice of Claim be filed with the agency involved.  In most personal injury cases, this Notice of Claim must be filed within 90 days of the accident that led to an injury.

A Notice of Claim, whether filed by an attorney or an individual seeking compensation, must contain the following information:

(1) the name and post-office address of each claimant, and of his attorney, if  any;   

(2) the nature of the claim;   

(3) the time when, the place where and the manner in which the claim arose; and  

(4) the items of damage or injuries claimed to have been sustained so far as then practicable. 

When making a claim against a municipal corporation other than a city with a population of one million or more, the Notice of Claim does not need to state the amount of damages being pursued by the claimant.  In this situation, however, the municipal corporation may at any time request a supplemental claim which sets forth the total damages being pursued.

If you have been injured due to the negligence of a public agency and have any questions, please feel free to call my office at 716-542-5444.  We would be happy to help you.

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