Notice of Claim

In order to bring a negligence claim against the government, it is necessary to notify the government of the claim within 90 days of the event that causes rises to the claim. This notification is known as a "notice of claim." The specific requirements for the notice of claim are set forth in the law. There are circumstances where a person may not know about the claim within 90 days of the event. The Courts will sometimes makes exceptions for those people and allow them to file a late notice of claim. The recent case of Dixon v City of New York illustrated one of those rare occasions where the Court permitted the plaintiffs to file a late notice of claim. In Dixon, the plaintiffs made a claim against the New York City Medical Examiner in connection with the M.E.'s handling of the autopsy of their son. The Dixons did not become aware of the M.E.'s claimed negligence until they received the autopsy report, likely more than 90 days after the M.E.'s negligence. The Court, however, allowed the Dixons to file a late notice of claim, holding that their claim became ripe at the time the plaintiffs became aware of the defendants' actions and suffered mental anguish as a result, not at the time of the autopsy.