Most New Yorkers assume they have plenty of time to decide whether to call a lawyer after an accident. For most personal injury claims in New York, you have three years from the date of the injury to file a lawsuit. That timeline works for car accidents and slip and falls on private property.
It does not work when you are injured on city property New York residents use every day. The NYC 90-day rule personal injury victims face when filing against a public entity is one of the most unforgiving deadlines in the state.
If your accident happened on property owned or controlled by the City of New York, the MTA, NYCHA, the New York City Health and Hospitals Corporation, the Port Authority, or the Department of Education, a much shorter deadline applies. Under New York General Municipal Law § 50-e, you typically must file a formal notice of claim NYC authorities will accept within 90 days of the incident. Miss that deadline, and you may lose your right to sue altogether.
What the Notice of Claim Does
A Notice of Claim is a formal written document served on the relevant public entity. It tells the government, in specific terms, that you intend to pursue a claim, and it must include:
- The name and post-office address of the claimant (and attorney, if represented)
- The nature of the claim (negligence, medical malpractice, civil rights, etc.)
- The time, place, and manner in which the injury occurred
- The items of damage or injuries suffered, described with as much specificity as possible
If any of those details are missing or wrong, the government can move to dismiss your case before it ever reaches the merits.
Who Counts as a Government Entity
The 90-day rule applies more broadly than most people realize. Here are examples of accidents that trigger it:
- A trip on a cracked sidewalk abutting a city building
- A slip and fall inside a NYCHA apartment complex or its stairwells — a NYCHA injury attorney is often essential because the Housing Authority has its own claims unit and procedural quirks
- An assault or injury on an MTA bus, subway platform, or subway car — an MTA accident lawyer NYC commuters can reach quickly is critical because surveillance footage is overwritten fast
- A fall in a public school or on Department of Education property
- A medical error inside a Health + Hospitals Corporation facility such as Bellevue, Kings County, or Jacobi
- An injury inside a Port Authority facility, including the Port Authority Bus Terminal or PATH stations
- A motor vehicle collision with a city-owned vehicle, including police cars, fire trucks, and sanitation trucks
If you are unsure whether your accident involves a government entity, a personal injury attorney near you can determine it quickly. Do not guess, and do not wait.
The Other Deadline People Miss: One Year and 90 Days to Sue
Filing the Notice of Claim is only the first deadline. Even after the Notice is properly served, the lawsuit itself must generally be commenced within one year and 90 days from the date of the accident when suing a municipal entity. That is significantly shorter than the standard three-year limit that applies to private personal injury cases, and for wrongful death claims against a municipality the window is usually two years from the date of death.
Public entities also have the right to demand a 50-h hearing after the Notice is filed, which functions like an early deposition. An experienced attorney should prepare you for this hearing because what you say can be used against you at trial.
What Happens If You Miss the 90 Days
The consequences are severe. A court can dismiss your case without ever considering whether your injury was genuine or whether the government was at fault. Limited exceptions exist, for example, for minors or for claimants who were incapacitated by the injury itself, but those exceptions are narrow and difficult to prove. Courts may occasionally grant leave to file a late Notice of Claim, but only when the claimant can show a reasonable excuse, that the government had actual knowledge of the essential facts, and that the delay did not substantially prejudice the government’s defense.
The bottom line is simple. A perfectly strong case can be lost entirely because of a missed filing deadline.
What to Do Immediately
- Document the location carefully. Photos of the exact spot, the surrounding area, and any signage or markings are critical for identifying the responsible agency.
- Seek medical treatment and keep all records. Your injuries and the cost of treatment will anchor the damages section of the Notice.
- Preserve evidence. If there was a defect in the sidewalk, a broken fixture, or a hazardous condition, take photos before it is repaired.
- Do not rely on an incident report as your Notice of Claim. An MTA or NYCHA incident report is not a substitute for a properly served Notice under § 50-e.
- Call an experienced NYC personal injury attorney right away. The paperwork is formal, and the service requirements are technical.
Why KDS Law Firm
We have spent decades handling claims against municipal agencies in New York. Keith D. Silverstein spent 25 years defending insurance carriers before founding our plaintiff firm, and that experience gives him a clear view of how government lawyers attack Notice of Claim filings. We know what the City will look for, and we draft Notices accordingly.
If your accident happened on public property anywhere in New York City, do not wait. A timely notice of claim NYC courts recognize is the foundation of your case. Call KDS Law Firm at 212-385-1444 today, or visit www.kdslawfirm.com. Free consultations, no fees unless we win.