New York Failure to File Notice of Claim Lawyer

Before someone can file an injury claim against a government entity in New York, they must file a notice of claim within a specific timeframe. Failing to meet that deadline could lead to a case dismissal and no further recourse for pursuing compensation. If your lawyer failed to file on time, you can rely on a New York failure to file notice of claim lawyer to pursue compensation from your previous attorney. 

Protecting Clients Harmed by Critical Legal Errors

When you hire a civil attorney, you reasonably expect them to meet important court deadlines. When they fail to do so, you can trust Sakkas, Cahn & Weiss, LLP, to make things right. Our dedicated team of trial-ready lawyers can hold your former lawyer accountable for failing to meet the state’s statute of limitations. While other firms focus on fast settlements, we take the time to build claims that lead to fair compensation for the people we represent. 

We can assess the financial setbacks you suffered and what your original settlement should have reflected before moving forward with a new claim. Our lawyers understand the frustration and financial hardships that result from a case being dismissed due to a missed filing deadline. Trust our dedicated team of injury lawyers to keep you informed at every step of the process as we gather evidence before pursuing a settlement that reflects your setbacks. 

Understanding Notice of Claim Requirements in New York

Anyone seeking compensation from the state of New York or a government agency, such as a city or town, must first file a notice of claim within a fixed deadline. Failing to meet this deadline could lead to the claim being dismissed, even if it is a valid claim tied to a personal injury. Injured parties may seek compensation from a governmental group for a variety of reasons. 

In 2024, the New York City Comptroller paid nearly $2 billion in settlements, which was up significantly from the year before. In 2023, New York City fielded 13,227 claims, resulting in $1.45 billion in payments. Claims against the government can happen for a variety of reasons:

• There were 253 traffic-related fatalities in 2024, and government vehicles can cause accidents.

• Dangerous road conditions, including potholes, defective traffic signals, and inadequate signage, can lead to serious collisions.
• Falls on poorly maintained government property, sidewalks, parks, and public buildings can result in premises liability claims.
• Public transit accidents involving buses, trains, and other government-operated vehicles can leave passengers with serious injuries.
• Negligence by government employees, contractors, or agencies can lead to preventable injuries and grounds for legal action.

Whether someone is hurt by a government employee in Greenwich Village, Williamsburg, Ridgewood, or elsewhere in the area, a claim must be filed within 90 days. For cases involving a wrongful death claim against the government, the clock starts ticking the day a representative of the estate is appointed. When an attorney fails to meet this crucial obligation, they can be held liable for the financial and emotional harm they cause their client. 

Steps to Take if a Notice of Claim Was Not Filed on Time

If you learn that a notice of claim was not filed on time, you should act quickly to protect your rights and interests. Start by obtaining copies of all documents related to your case. This could include correspondence with your former attorney, court records, and any payment connected to the underlying claim.

You have the right to request a complete copy of your client file. Court and medical records could show the date when your injury occurred and the date of the attorney’s late filing. This can be key for demonstrating that your notice of claim was not filed on time. Early legal representation can help you further preserve critical evidence that can be used to build a claim that leads to meaningful compensation. 

What Compensation Am I Owed?

Missing the opportunity to hold a government employee accountable is more than a setback. Often, the compensation available in a legal malpractice claim is tied to the value of the claim that was dismissed due to your attorney’s negligence. If your lawyer failed to file a notice of claim on time, and that mistake prevented you from pursuing a valid case, you may be eligible to seek compensation for the original settlement that you were pursuing. 

An injury lawyer can help you calculate the value of your original settlement by considering the economic and non-economic damages that you were owed. This can reflect past medical bills, lost wages, diminished earning capacity, and even payment for pain and suffering. You may also be able to recover legal expenses and other financial harm caused by your previous lawyer. The goal of a malpractice claim is to help you recover what you were originally owed.

Why You Should Hire a Failure to File Notice of Claim Lawyer

Missing a filing deadline can be a serious setback, but it doesn’t have to mean that you will never recover what you lost. If your civil claim was dismissed due to your lawyer’s failure to file on time, you have the right to hire a failure to file a notice of claim lawyer to manage your case. An experienced New York failure to file notice of claim attorney can review your claim to see if you are eligible for compensation. 

Based on their knowledge of notice of claim laws and experience managing past failure to file notice of claim cases, your lawyer can take appropriate action by negotiating with the other lawyer or taking the case to court. The steady support of legal representation can set things right after you have suffered a devastating setback due to a missed court filing. 

Contact a New York Failure to File Notice of Claim Lawyer Today

A missed notice of claim deadline can have devastating consequences when it prevents you from pursuing compensation from a government entity. If your attorney failed to protect your rights by filing on time, you may have options for holding them accountable. 

At Sakkas, Cahn & Weiss, LLP, we understand the financial and emotional toll these mistakes can cause. Our attorneys can evaluate your case, explain your legal options, and pursue compensation for the harm caused by attorney negligence. Reach out to our office today to schedule a consultation.

Attorneys

Matthew Sakkas Esq.

Partner

Adam D. Cahn Esq.

Managing Partner

Mitchel E. Weiss Esq.

Associate Attorney