This depends on whether you intend to file the lawsuit in federal court or state court, and the claims you intend to allege. <\/p>\n\n\n\n
In the event of a civil rights violation, if you intend to file a lawsuit in federal court, you must first exhaust your administrative remedies by filing a claim or complaint with a federal or state agency. For example, in order to file a lawsuit in federal court alleging federal civil rights violations in employment discrimination cases, you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days, depending on the jurisdiction) of the event.<\/p>\n\n\n\n
If you decide to file suit in state court, you do not have to file with the EEOC first, but you will then be forgoing any federal claims. It is important to speak with a lawyer before making any filings with federal or state agencies to ensure that your claims are complete and include all potential claims. <\/p>\n\n\n\n
If you have endured an injury or illness due to the negligence of a city, county, state, or federal agency, they should be held responsible. However, you should know that the process of filing a claim against a government agency is much more rigid compared to one against a business or other person(s). In general, time limits are much shorter when filing against a government agency. While in New York a \u201cNotice of Claim\u201d must be filed within 90 days of the incident, some jurisdictions require you to file a Notice of Claim within 30 days of your injury or condition.<\/p>\n\n\n\n
In addition to stricter time limits, when filing against a government agency you cannot simply file a lawsuit (in most states the Notice of Claim should include specific information related to the and then you have to wait a period of time after sending the notice before you can file a lawsuit in court. <\/p>\n\n\n\n
Any type of lawsuit against a government agency is going to be trickier and perhaps more difficult than a regular lawsuit. It would be wise to consult with or have an experienced attorney on your side. You can contact The Cochran Firm New York for a free consultation today.<\/p>\n","protected":false},"excerpt":{"rendered":"
This depends on whether you intend to file the lawsuit in federal court or state court, and the claims you intend to allege. Civil Rights Violation In the event of a civil rights violation, if you intend to file a lawsuit in federal court, you must first exhaust your administrative remedies by filing a claim […]<\/p>\n","protected":false},"author":5,"featured_media":1204,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_seopress_titles_title":"Do I need to file a government claim before filing a lawsuit","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"none","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"both","_seopress_redirections_param":"","_seopress_redirections_type":301,"_seopress_analysis_target_kw":"","_seopress_news_disabled":"","_seopress_video_disabled":"","_seopress_video":[],"_seopress_pro_schemas_manual":[{"_seopress_pro_rich_snippets_type":"articles","_seopress_pro_rich_snippets_article_type":"BlogPosting","_seopress_pro_rich_snippets_article_title":"Do I need to file a government claim before filing a lawsuit?","_seopress_pro_rich_snippets_article_desc":"Do you need to file a claim before suing the government in NY? Learn the critical first steps, deadlines, and rules for injury and civil rights lawsuits.","_seopress_pro_rich_snippets_article_author":"The Cochran Firm New York","_seopress_pro_rich_snippets_article_img":"","_seopress_pro_rich_snippets_article_img_width":"","_seopress_pro_rich_snippets_article_img_height":"","_seopress_pro_rich_snippets_article_coverage_start_date":"","_seopress_pro_rich_snippets_article_coverage_start_time":"","_seopress_pro_rich_snippets_article_coverage_end_date":"","_seopress_pro_rich_snippets_article_coverage_end_time":"","_seopress_pro_rich_snippets_article_speakable_css_selector":""},{"_seopress_pro_rich_snippets_type":"faq","_seopress_pro_rich_snippets_faq":{"0":{"question":"What Are The Critical Mistakes to Avoid When Suing a Government Agency","answer":"The procedural complexity of these cases creates several common traps for the unwary. Be mindful to avoid:\r\nMissing the Brutally Short Deadline: The 90-day window for a Notice of Claim is one of the strictest deadlines in New York law. It is an absolute, iron-clad requirement in most cases.\r\nFailing to Name the Correct Entity: Was your injury caused by the NYC Department of Sanitation, the Transit Authority, or the Parks Department? Filing a claim against the wrong agency can invalidate your case.\r\nProviding Vague or Incomplete Information: A Notice of Claim that is too vague about the location or nature of the incident can be legally rejected, forcing you to refile and potentially miss the deadline.\r\nFiling Your Lawsuit Prematurely: After you file a Notice of Claim, you must wait a designated period (typically 30 days) before you can formally file your lawsuit in court."},"2":{"question":"What Happens If I Miss The 90-Day Notice Of Claim Deadline? ","answer":"In most situations, your case will be permanently barred. While there are extremely rare exceptions where a court might grant permission to file a late notice, you should operate under the assumption that the 90-day deadline is final."},"3":{"question":"Can I Still Sue If The Government Denies My Initial Claim?","answer":"Yes. The Notice of Claim is simply a required first step. If your claim is denied, or if the government doesn't respond within the designated timeframe, you can then proceed with filing a formal lawsuit in court, provided you are within the statute of limitations."},"4":{"question":"Does This Apply To All Government Entities In New York?","answer":"Mostly, yes. This process applies to the State of New York, as well as cities, counties, towns, school districts, and most public authorities (like the MTA or NYCHA). However, some authorities have slightly different rules and deadlines, reinforcing the need for careful legal review."}}}],"_seopress_pro_rich_snippets_disable_all":"","_seopress_pro_rich_snippets_disable":[],"_seopress_pro_schemas":[],"footnotes":""},"categories":[71],"tags":[],"class_list":["post-1201","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/posts\/1201","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/comments?post=1201"}],"version-history":[{"count":2,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/posts\/1201\/revisions"}],"predecessor-version":[{"id":4226,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/posts\/1201\/revisions\/4226"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/media\/1204"}],"wp:attachment":[{"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/media?parent=1201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/categories?post=1201"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-york\/wp-json\/wp\/v2\/tags?post=1201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}