When someone suffers an injury because of another person’s carelessness, the path forward often involves filing a personal injury lawsuit. But when the responsible party is a government agency or public employee, the process changes dramatically. Victims must first file what is known as a notice of claim before they can even consider filing a lawsuit. This procedural hurdle trips up many injured individuals and can mean the difference between recovering compensation and losing the right to pursue a claim at all.
Why Suing the Government Is Different
Government entities at the city, county, state, or federal level enjoy protections that private businesses or individuals do not. These protections stem from the concept of sovereign immunity, a legal doctrine that historically shielded governments from being sued without their consent. Over time, legislatures have carved out exceptions that allow people to sue public entities in certain situations, such as car accidents involving municipal vehicles or injuries caused by unsafe public property. However, those exceptions come with conditions—chief among them being the notice of claim requirement.
In practice, this means you cannot simply walk into court and file a lawsuit against a city, county, or state agency the same way you would against a private company. Instead, you must first notify the government of your intent to sue within a short period after the injury. This process ensures the agency has the opportunity to investigate and potentially resolve the matter before litigation begins.
What Is a Notice of Claim?
A notice of claim is a formal document that tells the government entity what happened, when and where the injury occurred, and why the agency may be legally responsible. It also outlines the damages the injured person is seeking. Filing this notice is not optional; it is a legal prerequisite in many jurisdictions across the United States.
If you fail to file the notice properly, your case may be dismissed, no matter how strong the evidence of negligence might be. Courts strictly enforce these rules because they are designed to give government agencies timely notice and the chance to correct hazards or negotiate claims before they escalate.
Time Limits for Filing
The deadlines for filing a notice of claim are much shorter than those in traditional personal injury cases. While the statute of limitations for personal injury claims against private parties is often two or three years, deadlines for claims against government entities may be as short as 30 to 90 days from the date of injury.
For example, in New York, a claimant generally has 90 days to file a notice of claim against a city or county agency. In New Jersey, the time frame is 90 days under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8). Missing these deadlines usually means forfeiting your right to recover damages entirely.
Information Required in the Notice
The exact requirements vary by state, but a notice of claim typically must include:
- The claimant’s name and address.
- The date, time, and location of the incident.
- A detailed description of the facts surrounding the injury.
- The nature of the injury and damages sustained.
- The specific government agency or employees involved.
- The amount of compensation being sought.
Providing incomplete or inaccurate information can render the notice defective, potentially barring the lawsuit later.
Why Governments Require Advance Notice
The notice of claim system serves several purposes. It allows governments to:
- Investigate accidents while evidence is still fresh.
- Correct hazardous conditions quickly to prevent further harm.
- Budget for potential settlements or defense costs.
- Resolve claims through settlement before litigation expenses mount.
From a policy standpoint, these requirements balance the rights of injured citizens with the need to protect public resources from an overwhelming wave of lawsuits.
Scenarios Highlight the Risks
Consider a pedestrian injured by a city bus that ran a red light. If the injured person assumes the process is identical to suing a private bus company and waits a year to file, their case will almost certainly be dismissed. Similarly, a slip-and-fall on a poorly maintained city sidewalk requires prompt action: failing to notify the city within the statutory window may permanently close the door to compensation.
In fact, statistics show that missed deadlines are among the most common reasons government-related claims are rejected. According to municipal risk management data, more than 25% of claims filed against local governments each year are denied on procedural grounds rather than on the merits of the case.
The Role of Statutes and Case Law
State statutes codify these requirements and reinforce their importance. Although the specific timelines and procedures vary, the underlying principle remains consistent across jurisdictions: failure to file a timely and proper notice of claim can permanently bar your right to sue a government entity. Below are examples from several states where these rules are particularly strict:
New Jersey: The New Jersey Tort Claims Act (N.J.S.A. 59:8-8) establishes a 90-day deadline to submit a notice of claim to the appropriate public entity or employee after the date of injury. Only under exceptional circumstances—such as mental incapacity—can a court allow late filing within one year.
New York: Under New York General Municipal Law §50-e, anyone seeking to sue a city, county, or other public agency must file a notice of claim within 90 days. Courts have consistently held that missing this step deprives them of jurisdiction to hear the case.
Ohio: The Ohio Revised Code §2744.04 governs lawsuits against political subdivisions and their employees. While Ohio does not use the term “notice of claim,” it enforces strict procedural rules that require plaintiffs to provide clear, written notice of the incident and to comply with the statute of limitations, typically two years for bodily injury claims. In cases involving the state itself, claimants must file an administrative complaint with the Ohio Court of Claims, which requires notice and verification before litigation can proceed.
Vermont: Vermont follows a different structure under 12 V.S.A. §5602, which allows claims against the state only after filing a written notice with the Vermont Attorney General within one year of the injury. The notice must detail the facts, the nature of the loss, and the amount sought. The state can deny or settle the claim administratively before the claimant may proceed to court.
Florida: The Florida Statutes §768.28(6) require claimants to first present a written notice of claim to the appropriate government agency and the Department of Financial Services within three years of the incident (or two years in wrongful death cases). The agency then has 180 days to investigate and respond before a lawsuit may be filed. Failing to provide proper notice automatically bars the claim, regardless of merit.
Massachusetts: Under the Massachusetts Tort Claims Act (Mass. Gen. Laws ch. 258, §4), individuals injured by the negligence of a public employee or entity must file written notice with the executive officer of that public employer within two years of the injury. Courts interpret this requirement strictly—an incomplete or late notice typically results in dismissal.
Pennsylvania: The Pennsylvania Political Subdivision Tort Claims Act (42 Pa. C.S.A. §5522) mandates that injured individuals notify the responsible government entity in writing within six months of the incident. This notice must include the name, address, date, location, and description of the occurrence. Courts regularly dismiss cases that miss this procedural requirement, even if negligence is clear.
Kentucky: In Kentucky, suits against state agencies are handled through the Kentucky Board of Claims, under KRS §44.110, which requires filing a verified claim within one year of the injury. For local government entities, plaintiffs must adhere to local ordinances or administrative rules specifying notice procedures. Kentucky courts have upheld dismissals for noncompliance, emphasizing that the state’s consent to be sued depends entirely on meeting these statutory conditions.
Federal Level: The Federal Tort Claims Act (28 U.S.C. §2675) governs lawsuits against the United States itself. It requires that an administrative claim first be filed with the appropriate federal agency within two years of the injury. Only after the agency denies the claim—or fails to act within six months—may the claimant file in federal court.
Each of these statutes underscores a single legal truth: if notice is not properly given within the prescribed timeframe, courts lack jurisdiction to hear the case. In practical terms, even the strongest evidence of government negligence cannot revive a claim that was procedurally barred by late or improper notice. For injured victims, understanding and following these statutory requirements is just as critical as proving fault or damages.
Steps to Take if You Are Injured by a Government Entity
For individuals navigating this process, timing and accuracy are everything. Here is a simple roadmap:
- Seek medical care immediately and document your injuries.
- Identify whether the responsible party is a government agency or employee.
- Research the applicable notice of claim deadline for your jurisdiction.
- Prepare and file the notice of claim with the correct government office.
- Retain copies of all submissions and proof of delivery.
- Consult with an experienced personal injury attorney to ensure compliance.
Following these steps can help preserve your rights and keep your claim alive.
Why Legal Guidance Is Essential
Even seasoned attorneys find notice of claim requirements complex. Each jurisdiction has unique rules about service, content, and deadlines. A small mistake—such as filing with the wrong agency or leaving out a required detail—can derail an otherwise valid case.
Attorneys not only help prepare the notice correctly but also assess whether exceptions might apply. For example, some states allow late filing under narrow circumstances, such as when the claimant is incapacitated or when the government had actual knowledge of the incident. Navigating these nuances requires legal skill and persistence.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Filing a notice of claim against a government agency is one of the most time-sensitive and unforgiving steps in personal injury law. If you were injured in a car accident with a city vehicle, hurt on unsafe public property, or harmed by the negligence of a government employee, you cannot afford to miss these critical deadlines. At Brandon J. Broderick, Attorney at Law, we help clients across the nation understand their rights, meet strict filing requirements, and pursue the compensation they deserve. Our team has the experience to cut through bureaucratic red tape and fight for injured individuals who might otherwise lose their chance for justice.
Don’t let a missed deadline stand between you and recovery—our attorneys can act quickly to protect your rights.