Powered by Avvo.com

Personal injury against municipality : An acquaintance has sued a municipality here in NY for negligence & personal injury but the person forgot to file notice of claim. If the case gets dismissed for lack of notice claim, can the plaintiff then file late notice of claim and then recommence the lawsuit within 6 months of case dismissal? However, since late notice of claim can only be
allowed within the statute of limitations for the causes of action,
will the fact that the case was
dismissed before help toll the statute of limitations to now file a late notice of claim?

Asked 12 months ago in Personal Injury

Joshua’s answer: If you fail to file a notice of claim within 90 days of your injury, the Court cannot hear your case because you failed to comply with a condition precedent to filing the lawsuit. If you are still within the statute of limitations (1 year and 90 days v. the City of NY) then you can make a motion to file a late notice of claim. It is not easy to win these motions. First, the longer away from the 90 days you make the motion, the less likely it will be granted. This is because you have to show that the City is not prejudiced by the delay Second, the City has to have notice of the facts and circumstances within the 90 days. Third, you have to have a reasonable excuse for not filing (lack of knowledge of the Notice of Claim requirement has been held not to be a reasonable excuse), Your friend should see an attorney immediately for further advice specific to his/her case.

Answered 11 months ago.


Can I be Sued by my passenger who was involved in a car accident with me?: I was involved in a hit and run car accident Feb 29th of this year. The impact was on the drivers side only, and a police report was filed because the other car left the scene. I went to an urgent care facility just to make sure everything was ok. My passenger opted not to seek any medical attention and said he was fine. Now three months later he is calling asking for a copy of the police report stating that the DMV has listed him down as the person that was driving the vehicle, which he wasn't. Just seem suspcious to me, and Im wondering if I should seek legal representation. No one was injured in the car accident.

Asked about 1 year ago in Car Accident

Joshua’s answer: Just forward the inquiry to your insurance company and let them handle it. That's why you buy insurance. If the collision wasn't your fault, they will not raise your rates. If you don't give them notice, the could possibly disclaim coverage on you and leave you holding the bag for the accident.

Answered about 1 year ago.


Is signing a release different from signing a settlement check?: I made a mistake and signed a release. I didn't expect the settlement to be so low and not get any of no fault Benifits. If I don't sign the settlement check...is it possible to discuss further with another lawyer?

Asked about 1 year ago in Personal Injury

Joshua’s answer: The answer is you should discuss it with an attorney. Sometimes the release will be binding. Sometimes it will not. It depends on a number of factors that are too numerous to write about here. Find a good lawyer, like those on AVVO and give them a call.

Answered about 1 year ago.