
A notice of claim is an important legal document that individuals need to understand before filing certain legal actions. Like most actions, filing a notice of claim has a statute of limitations. If you were injured as a result of negligence or liability on the part of a government agency or employee, it is important that you understand the required steps toward pursuing compensation. Work with an experienced York County, PA personal injury attorney for more information and legal advice.
What is a Notice of Claim?
A notice of claim is necessary before taking certain legal actions. It is a document that formally notifies a government entity or municipal authority about the intention to file a legal claim. The purpose of the notice is to give the entity an opportunity to investigate the claim and potentially resolve the issue without needing formal litigation.
The notice should include the following information.
- The name and address of the injured person
- The name and address of the person or entity the claim is against
- The date, time, and location of the accident
- The name and location of any attending physician
- The monetary value of the claim in pursuit
Once the entity is informed about the legal action to come they can look into the issue, gather evidence, and familiarize themselves with the case. It is a courtesy that allows them to learn more about the situation and prepare their side. In many cases, these situations are able to settle outside of court as a result of the notice of claim.
What is the Statute of Limitations for a Notice of Claim?
A statute of limitations is a legal principle that sets the maximum amount of time that a legal claim or lawsuit can be filed. In terms of personal injury law, once the time period expires the injured party loses their right to seek legal action and compensation through the court. These time limits are designed to ensure that claims are made in a timely manner when evidence is available while allowing an appropriate time frame for liable parties to be held accountable.
The statute of limitations for each type of legal action varies depending on the state you are in. In Pennsylvania, victims of an injury on government property or at the fault of a government agency have 180 days to file a notice of claim. If the notice is not properly filed within 6 months the victim forfeits their right to pursue legal action.
Contact a Personal Injury Lawyer Today
When taking legal action against a government body or municipality, various procedures and steps must be followed. It can be daunting to face the legal process alone, so work with a skillful personal injury lawyer with experience dealing with similar cases. Contact an attorney today for more information.