Nobody told me about the 90-day rule: a New York government claim deadline story
A hypothetical illustration of how a Notice of Claim deadline against a public school can run out years before New York's standard personal injury statute of limitations. Educational only, not legal advice.
Angela's son was hurt on a school playground in Queens. A broken piece of equipment that the school had been told about but never fixed. He broke his arm. Surgery. Pins. Months of recovery for a nine-year-old who just wanted to play.
Angela assumed she had the same amount of time as any other personal injury case in New York. Three years. That's the standard statute of limitations.
What nobody told Angela, not the school, not her insurance company, not anyone, was that because the school was a public entity, a completely different set of rules applied.
In New York, if you're filing a claim against a government entity (a public school, a city bus, a state hospital, a municipal building), you have to file a "Notice of Claim" within 90 days of the incident. Not three years. Ninety days.
Angela found out at month four. She was already past the deadline.
Her attorney filed a motion asking the court for permission to file a late Notice of Claim. Courts sometimes grant these, but it's not guaranteed. Angela spent months in legal limbo, not knowing if her son's case would even be heard.
Why Government Claims Are Different
Most states have shortened deadlines when the defendant is a government entity. The logic is that government agencies need early notice to investigate and budget for potential claims.
The practical effect is that many people, especially people suing public schools, city transit systems, and government hospitals, miss their real deadline because they're thinking about the standard statute of limitations, not the government notice requirement.
These shortened deadlines vary by state and sometimes by the type of government entity. Some states require notice within 30 days. Others give 90 days, 120 days, or six months. The entity you need to notify isn't always obvious.
If This Sounds Familiar
If your injury involved a government-run entity, a public school, a city bus, a state-run facility, a county hospital, the timeline may be much shorter than you think.
Don't assume. Check.
Check your state's filing deadlines: New York personal injury filing deadline →
This story is a hypothetical illustration based on common patterns in personal injury cases. It is not based on a real client or case. This is general information, not legal advice. Every situation is different. Consult an attorney about your specific circumstances.