MTA Avoids Paying Claim Proving the Necessity of Good Legal Counsel
There are many special rules that an injured party must comply with when suing a municipality. For instance, if someone is harmed by a negligent driver of a Babylon, Huntington, or Hempstead government vehicle, there are several additional requirements which differ from other negligence claims. If those exact requirements are not followed, one risks forfeiting a legitimate claim for money damages.
For instance, a man’s car was damaged by a municipal bus, causing $3,800 in damage. According to the driver, a supervisor acknowledged that the accident was the bus driver’s fault, a fact indicated in the police report as well.
The law requires anyone making a claim against a municipality, county, town or other governmental entity to file a “Notice of Claim” within 90 days of the injury. This car owner tried to do so two days before the 90 day deadline, but sent it by FedEx, rather than registered or certified mail. The municipality denied the claim and also denied his resubmitted claim because that was sent after the 90 day deadline.
This unfortunate case illustrates how important it is to seek out experienced counsel as quickly as possible after an accident or injury, especially if there is any chance that a government entity may be responsible. An attorney will be familiar with all of the relevant statutes of limitations, notice requirements, and all other relevant procedural rules. If you are injured or damaged by a municipal employee, hiring a good attorney can prevent you from losing out on a valid claim because of a technicality.
Contact Nassau and Suffolk Personal Injury attorneys Rosenberg & Gluck
The Long Island personal injury attorneys at Rosenberg & Gluck are intimately familiar with all of the relevant laws and procedures to help you recover the money to which you are entitled for your injuries. Personal injury is all we do. For a free initial consultation, contact us or call our office at 631-451-7900.