If you were hurt by a city bus, tripped on a broken sidewalk in front of a city building, fell in a NYCHA stairwell, or were hit by a New York City vehicle, the clock on your case started running the day it happened — and it runs much faster than most people expect. In New York, most injury claims against the City and other public agencies require a Notice of Claim filed within 90 days. Miss it, and a strong case can be lost before it ever starts.
What Is a Notice of Claim?
A Notice of Claim is a formal, sworn written notice telling a government agency that you intend to seek compensation for your injuries. Under New York General Municipal Law § 50-e, it must describe when, where, and how the accident happened, the nature of the claim, and the injuries you suffered. It is not a lawsuit — it is the required first step before you are allowed to file one.
Who Does the 90-Day Rule Apply To?
The 90-day Notice of Claim requirement applies to claims against the City of New York and many other public entities, including:
- The City of New York and its agencies (NYPD, FDNY, Sanitation, Parks, and others)
- The New York City Transit Authority and MTA (city buses and subways)
- The New York City Housing Authority (NYCHA)
- NYC Health + Hospitals and the Department of Education
Common Bronx examples include being struck by a city bus or Sanitation truck, falling on a defective subway staircase, tripping on a crosswalk pothole, or being injured by a broken elevator or stairway in a NYCHA building.
The Key Deadlines
- 90 days from the accident to serve the Notice of Claim.
- 1 year and 90 days from the accident to file the lawsuit itself in most cases against the City and these agencies — far shorter than the three years usually allowed for personal injury cases against private parties.
- Wrongful death claims follow different timing rules, so it is important to speak with a lawyer as soon as possible after a loss.
What Is a 50-h Hearing?
After a Notice of Claim is filed, the City or agency has the right to question you under oath at what is called a “50-h hearing.” It is similar to a deposition: a lawyer for the City asks about the accident, your injuries, and your medical treatment. You may also be asked to attend a medical examination. What you say at this hearing can be used later in your case, so you should never attend without your attorney.
What If I Already Missed the 90 Days?
You may still have options. New York law allows an injured person to ask the court for permission to file a late Notice of Claim. The court considers factors such as whether the agency learned the essential facts of the claim within 90 days or shortly after, whether you had a reasonable excuse for the delay, and whether the delay hurt the agency’s ability to defend itself. These applications must be made within strict time limits, and the longer you wait, the harder they are to win. If you think you may have missed the deadline, call a lawyer right away.
A Special Note About Sidewalk Falls
Not every sidewalk fall is a claim against the City. In New York City, the owner of the property next to the sidewalk is usually responsible for keeping it in reasonable repair, with an exception for certain owner-occupied one-, two-, and three-family homes. Figuring out who is responsible — the City, a landlord, a business, or a homeowner — determines which deadlines apply, which is another reason to get advice early.
What You Should Do Right Now
- Get medical care and keep every record, bill, and prescription.
- Photograph the scene — the pothole, broken step, or vehicle — as soon as possible, with something in the photo to show size.
- Write down the exact location, time, and the names and phone numbers of any witnesses.
- Keep your paperwork, including any police report, bus number, or incident report number.
- Do not give a recorded statement to the City, an agency, or an insurance company before speaking with a lawyer.
- Call an attorney well before day 90, so there is time to investigate and prepare the Notice of Claim properly.
Hurt in the Bronx? We Can Help.
The Law Office of Daniel Levy, LLP represents injured people in the Bronx and throughout New York City, including in claims against the City, the MTA, and NYCHA. We handle the Notice of Claim, prepare you for your 50-h hearing, and fight for the full compensation you deserve. There is no fee unless we win, and we speak Spanish — hablamos español.
Call (718) 684-2530 today for a free consultation, or visit our office at 3144 East Tremont Avenue, Bronx, NY 10461.
Attorney Advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and rules vary depending on the facts of each case and the agency involved; contact an attorney about your specific situation. Prior results do not guarantee a similar outcome.